1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2591/2010 Vilas S.Supe and Anr. Applicants Vs. State of Maharashtra Respondent Mr.Shekhar Ingawale for applicants Mrs.M.R.Tidke,APP for State CORAM:MRS.MRIDULA BHATKAR,J. (VACATION COURT) DATE :21st MAY, 2010. P.C. . Pursuant to the order passed by this Court in Criminal Application no.2521/2010 this anticipatory bail application is filed against the order passed by the Additional Sessions Judge, Jaisingpur on 12/5/2010 .The learned Sessions Judge has rejected the application on the sole ground that the applicants/accused did not remain present in the Court though the direction to remain present at the time of hearing was issued under section 438(2)(B) of the Code of Criminal Procedure. The learned Judge has treated this as a material breach which is 2 sufficient to reject the application on this ground alone. 2] It is submitted by the learned counsel that the applicants/accused are ready to appear before the learned Sessions Judge, however, the applicants/accused have sought protection that in case of rejection of this application, some time might be given to them to approach this Court. However, the learned Judge has refused to give such protection .Learned counsel submits that there was tremendous pressure of media and the people and therefore, the applicants/ accused apprehend that they would be arrested and humiliated in the Court premises as about 100 police officers were deployed in the Court. The learned counsel has pointed out that a suicide note written by the deceased is also published in the newspapers on 3 rd May,2010. It is submitted that under these circumstances either this application be heard on merit before this Court or it may be sent back to the Sessions Court for deciding on merit. 3] Learned A.P.P.while opposing this application has disclosed that the applicants/accused are police personnels, so the investigation of this matter is handed over to the C.I.D.. (Crimes) 3 on 13 th May,2010.She expressed inability to assist the Court as the C.I.D.officer is not in a position to give her proper instructions. The original complainant is also represented by the learned counsel and he has submitted that the applicants/accused being police personnels have threatened the original complainant i.e.the father of the deceased and one Mr.Savgave. He submitted that suicide note written in Marathi was found near the dead body of the deceased and the people who gatherred there took out the xerox copies of the said suicide note and have circulated. 4] Heard the learned counsel of both the sides and also the learned counsel of the complainant . Fully instructed and able assistance of the prosecution is necessary . The initial steps taken by the local police and the evidence collected by the police is required to be considered while deciding the anticipatory bail . In the absence of such assistance and due to the change of investigating agency this anticipatory bail application cannot be decided today on merit. The learned Sessions Judge has rejected the application only on the ground of breach of his directions .The 4 learned Judge ought to have considered the application on merit alongwith the reason of default and not on the isolated ground. 5] Considering the facts and circumstances and without expressing any opinion on merit of the matter it will be appropriate to direct the learned Sessions Judge to decide the anticipatory bail application on merit. The State should take note that proper assistance of both the investigating agencies , State C.I.D.(Crimes) and local police is to be made available to the prosecutor who is going to represent the State in the Sessions Court. Anticipatory bail application is to be decided within a week’s time. Till 26 th May,2010 the applicants’ liberty is protected .On the every date whenever the application will come up for hearing before the learned Sessions Judge, the 5 applicants/accused should remain present before the Sessions Court. Application stands disposed of. (MRS.MRIDULA BHATKAR,J.)