- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.5698 OF 2005 APPLICATION NO.5698 OF 2005 APPLICATION NO.5698 OF 2005 Vivak D. Dharma ...Applicant vs. The Senior Inspector of Police and another ...Respondents Mr.R.D.Soni i/b M/s.ram & Co. for the Applicant Mr.R.Y.Mirza,A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : SEPTEMBER 2,2005 : SEPTEMBER 2,2005 : SEPTEMBER 2,2005 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and learned A.P.P. for State. The Applicant has not approached the Sessions court by filing an application for anticipatory bail. The learned Counsel for the Applicant states that the Applicant has an apprehension that he will be immediately arrested if he goes to Pune for filing the application for anticipatory bail. 2. Considering the facts and circumstances of the case the Applicant deserves to be protected for a limited period to enable him to approach the Sessions Court at Pune. 3. Hence, the Application is disposed of by passing the following order : i) For a period of one week from today, the Applicant shall not be arrested on the basis of the order dated 26th July 2005 - 2 - passed by the learned Judicial Magistrate (F.C.), Pimpri (Page No.31) subject to compliance with conditions incorporated under Sub Section 2 of Section 438 of the Code of Criminal Procedure, 1973. In the meanwhile, the Applicant will be free to file an application before the appropriate Court. ii) If an Application is made by the Applicant to the Sessions Court, the same will be decided on its own merits without being influenced by the limited protection granted by this Court. iii) Parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE