IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1043 OF 2009 Tarvinder Singh Kalyan Singh Marwah ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri A.P. Mundergi, Senior Counsel with Shyam Diwani i/b. Shri Amol P. Mhatre for Applicant Shri S.R. Borulkar PP with Shri S.S. Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 16TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. By the order dated 4th March, 2009, ad-interim relief was granted by this Court for the reasons recorded in the said order. 3. I have already observed that the order passed by the Sessions Court is not very happily worded. The fats have not been properly stated. 4. Curiously, the learned PP was also not heard when the said order was passed, which is evident from the impugned order itself. In my view, there is a clear non-application of mind on the part of the learned Sessions Judge in passing the said order. 5. In my view, it will be appropriate if the the said impugned order is set aside and the said application is reheard after giving notice to the public prosecutor. The District Judge is directed to assign this application to some other senior judge other than the said judge, who decided the said application. Both the parties shall remain present in the Sessions Court on 24th March, 2009. 6. The Sessions Court shall decide the said application as expeditiously as possible after hearing both the sides. Accordingly, application is allowed and the impugned order is set aside. Interim order which is passed by this Court shall continue during pendnecy of the application and for a period of four days thereafter. 7. Application is disposed of. V.M. KANADE J.