[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.795 OF 2008 Chetan Chabildas Shah ..Applicant Vs. State of Maharashtra & Anr. ..Respondents ... Mr.Prakash Naik advocate and Mr.Pritam Runwal advocate for applicant Mr.Alok Singh i/b M/s. ABG and Associates for Respondent No.2 Mr.S.S.Pednekar A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 26, 2008 DATE : AUGUST 26, 2008 DATE : AUGUST 26, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant had preferred application for anticipatory bail before the Sessions Court. Anticipatory bail was being sought in CR No. 43 of 2008 of Gamdevi Police Station. The said case is mainly under Sections 448 and 380 r.w. 34 of IPC. 3. The learned Sessions Judge granted interim protection to the applicant in respect of arrest [-2-] and held that the applicant must also approach the learned Magistrate with his plea for bail after surrendering himself. The said order has been passed without going into the material as against the present applicant. Thus, the order has been passed without going into the merits of the matter as regards the present applicant. Moreover, in the present matter, parties are trying to work out the settlement. In this view of the matter, in my opinion, an opportunity ought to be given to the applicant to prefer a fresh application for anticipatory bail before the Sessions Court. Liberty as above, is granted. On such application being preferred before the Sessions Court, the learned Sessions Judge shall consider the matter afresh and dispose it of on merits. In order to enable the applicant to prefer the necessary application before the Sessions Court, interim relief granted by this Court, is extended till 12.9.2008. 4. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]