IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Crim. Application No. 4417 of 2006 Birat Chandra Dagara ..Applicant vs. The State of Maharashtra ...Respondent Shri Rajiv Patil i/b Sbhri Harshad Bhadbhade for applicant. Shri Y.M.Nakhawa, A.P.P. for respondent State. CORAM: S.C.DHARMADHIARI J. CORAM: S.C.DHARMADHIARI J. CORAM: S.C.DHARMADHIARI J. 15th December,2006 15th December,2006 15th December,2006 P.C. P.C. P.C. 1. Heard the learned Counsel. 2. The applicant has approached this Court for anticipatory bail in the light of the notice which has been received by him on 13th November, 2006 from the Asstt.Inspector of Police, Economic Offence Wing, Unit I, Crime Branch, C.I.D., Mumbai. The applicant is accused in C.R.no.73 of 2003 and investigation has now been transferred to the above unit. 3. When this application was placed before me on 13th December, 2006 I was informed by Shri Patil that despite this notice which has been received by the applicant on 11th December, 2006, he has not been arrested. He apprehends arrest and that is how the application is preferred. 4. In the light of the fact that the applicant can approach the Sessions Court for the same relief and now that he has been protected by this Court, in my view this application can be disposed of by giving liberty to the applicant to approach the concerned Sessions Court for anticipatory/pre arrest bail. To enable him to do so, it is directed that the applicant shall not be arrested for a period of 15 days from today. Needless to say that all contentions on merits of both sides are expressly kept open. The learned Sessions Judge shall dispose of the application uninfluenced by the present order. It would be open for the applicant to point out to the learned Judge that considering the fact that he is from State of Orissa and that his medical condition does not permit him to come down to Mumbai and attend the Court at every hearing he should be appropriately exempted from personal appearance. The Sessions Judge shall consider such application, if made, on its merits and in accordance with law. 5. Application stands disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)