1appln-3479-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3479/2010 (FOR BAIL) Mr Chandrakant Narshi Dedhia and (2) others .. .. Applicants. Versus The State of Maharashtra .. .. Respondents. Mr Rajendra Rathod with O.A.Siddiqui, for the Applicants. Mr P. S. Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 3RD AUGUST, 2010. P.C.:- 1. Heard rival submissions for some time on this interim protection anticipatory bail application to be granted in favour of the applicants. 2. Only legal issue is raised by showing various decisions of this Court and making reference to a decision of the Apex Court in the 2appln-3479-10 case of Gurubaksha Singh reported in 1984 CrLJ 160 that Maharashtra Amendment Clauses 1 to 4 of Section 438 are required to be read conjointly and, in case, if, prosecution wants the presence of the applicants-accused during the hearing and disposal of application for anticipatory bail, they are required to be protected at least till their attendance before the Court of Sessions. 3. In the present matter Criminal Anticipatory Bail Application No. 680/2010 is already pending before the learned Additional Sessions Judge, Alibag - Raigad and in the same matter vide Exhibit-8 the State had asked for presence of the applicant-accused at the time of final hearing of said anticipatory bail application. Final hearing is reportedly fixed on 5.8.2010. Vide order dated 29.7.2010 learned Additional Sessions Judge, Alibag-Raigad has directed the applicants to remain present on 5.8.2010 and at the time of passing final order. However, the order is silent regarding any interim protection till the date of their appearance before the said Court. This is the order which is challenged in the present application and interim protection till 5.8.2010 is prayed. 4. Without entering into the merits of the matter, suffice, at this stage, to protect the present applicants against their arrest in the 3appln-3479-10 matter of C.R. No. 35/2010 registered with Neral Police Station and then it is open for the concerned Additional Sessions Judge to deal with the application for anticipatory bail on its own merits. In the result, the following order:- ORDER: (a) Interim protection is granted without touching the aspect of the merits of the case and the applicants shall not be arrested till 5.8.2010 till they reach the Court of learned Additional Sessions Judge, Alibag-Raigad in C.R. No. 35/2010 as per the directions mentioned in the impugned order dated 29.7.2010. (b) It is specifically directed to the learned Additional Sessions Judge, Alibag-Raigad to deal with the pending anticipatory bail application bearing No. 680/2010 on its own merits without being influenced by any observations in the present order. Application is disposed of in above terms. Parties to act on authenticated copy of this order. (A.R.JOSHI,J) LRS-PA