1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [ABA] No. 238 of 2011 (Kiran S/o. Tilakchand Turaskar Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. H.D. Dangre, Advocate for the applicant Mr. N.R. Rode, APP for the State/respondent CORAM : M. N. GILANI, J. DATE : 8 th JULY, 2011. Heard. This is an application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. Crime No. 18/2011 is registered at Police Station Bhandara for the offence punishable under Section 3 read with Section 7 of the Essential Commodities Act. In Kiran Biryani Centre, Gas Cylinder was found being used illegally, which was meant for domestic use. The applicant approached the learned Sessions Judge, Bhandara, with a similar prayer. Learned Sessions Judge in paragraph no. 2 of his order, dated 30/06/2011, observed that, "It is pertinent to note here that no offence is registered against the applicant. Offence is registered against the Manager of the Hotel and he is released on bail. Gas 2 cylinder is also seized by the Police". The facts, that the offence was committed on 03/02/2011, the Manager of the eatery was arrested on 10/02/2011 and was released on bail on 18/02/2011, are relevant. Till the date, learned Sessions Judge decided the application i.e. till 30/06/2011, no offence was registered. Thus, the apprehension of the applicant, that he would be arrested in Crime No. 18/2011, was not well founded and as such the application for anticipatory bail before learned Sessions Judge, was misconceived. There being no change in the position, this application will have to be disposed of without any order, however, with the following observations/directions : I. In future if any offence is registered against the applicant and the Investigating Officer thinks it imperative to arrest the applicant, before such arrest he shall be served with 48 hours notice. II. In that event, the applicant shall be at liberty to invoke the jurisdiction of learned Sessions Judge. III. In the event of any such application being made, learned Sessions Judge shall dispose it of afresh according to law and without being influenced by the observations made in the earlier order 3 dated 30/06/2011. Application stands disposed of accordingly. Hamdast be given. JUDGE *Sdw