1 Appln 3518-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3518 OF 2010 Prakash K. Mehta ..Applicant V/s. The State of Maharashtra ..Respondents & ors Mr.A.H.H.Ponda with Mr.Abhishek Singh i/b.Mulla & Mulla and CB, Advocate, for the Applicant Mrs.Geeta Mulyekar, APP, for Respondent No.1  State Mr.Niranjan Mundargi with Nidhi Singh i/b.India Law Alliance, Advocate, for Respondent No.2 Mr.Karl Tamboly, Advocate, for Respondent No.3 Mr.Sagar Mane-Shinde i/b.M/s.Vidhi Partners, Advocate, for Respondent No.4 CORAM : R.C.CHAVAN, J. DATE : 6TH SEPTEMBER, 2010 P.C. . This is an Application for cancellation of bail by one person claiming to be one of the trustees of the hospital. 2. I have heard the learned Counsel for the parties. 2 Appln 3518-10 3. It is not necessary to go into the question of locus as well as merits of the matter. The order passed by the learned Sessions Judge, Mumbai, on the application of Respondent No.4 is reads as under :- The applicant shall not be arrested by Bandra police in C.R.No.322  10 for the offences punishable Under section 143, 144, 147, 148, 149, 452, 324 & 506(II) of the IPC, without giving him 72 hours notice in writing. Interim order, if any, stand vacated. ABA No.957-10 stand disposed off accordingly. 4. The learned Counsel for the Applicant is right in pointing out that the learned Sessions Judge had no authority to say that Respondent No.4 shall not be arrested by the police. Section 438 of the Code of Criminal Procedure, 1973 enables the Sessions Judge to direct that upon arrest of such Applicant he shall be released on bail on certain conditions. There is no provision which enables the learned Sessions Judge to direct that the person shall not be arrested. The 3 Appln 3518-10 learned Counsel for the Applicant also points out that there are mandatory conditions in Section 438 of the Code of Criminal Procedure, 1973 which have to be included in the order admitteing a person to bail. Hence, the impugned order is substituted by the following: In the event of arrest, Respondent No.4 be relesed on P.R.Bond of Rs.50,000/- with one or more sureties in the aggregate amount of Rs.50,000/- on his furnishing undertaking to the following effect namely :- (i) that the applicant shall make himself available for interrogation by the investigating officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not leave India without the previous permission of the Sessions Court. 5. Bail granted would be in force in the event charge sheet is filed against him till the charge sheet is filed, whereupon 4 Appln 3518-10 Respondent No.4 shall apply for and seek regular bail. (R.C.CHAVAN, J.)