1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.147/2011 (Ajay Dhanlal Gaidhane .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. K.V. Kotwal, Advocate for applicant, Mr. D.P. Thakre, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : APRIL 30, 2011 Heard. After taking into consideration the provisions of Section 438 of Cr.P.C. as applicable to the State of Maharashtra due to amendment effected by Maharashtra Act 24 of 1993 with effect from 28.7.1993, there is substance in the submission of the learned counsel for the applicant that the prosecution having not made any application, no order being passed directing the applicant to attend the Court of Session at the time of hearing of application for anticipatory bail, the rejection of application on said count cannot be said to be in consonance with the legal provision, since as per sub clause (4) of section 438, Cr.P.C., it was not then obligatory upon the applicant to remain present before the Court of Session. 2 Having regard to the same and the said submission also indicating that the prayer for anticipatory bail made by the applicant was not considered on merit by Court of Session, the application deserves to be disposed of by giving liberty to the applicant to renew the prayer for bail before the Court of Session. The applicant shall make such an application at the earliest on or before 6.5.2011 before the Court of Session and in event of such an application being preferred, the Court of Session at Gondia shall decide the same in accordance with the law. Interim protection granted in the present application to continue till 6.5.2011. The application stands disposed of. JUDGE Gulande