12crn2758-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2758 OF 2010 Mr.Devdan Govind Bhambal. ..Applicant. Vs. State of Maharashtra ..Respondent. .... Mr.Ramesh Dube ­ Patil, Advocate i/b. M/s. Jay & Co. for the applicant. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 15th JUNE, 2010 P.C. 1. Heard learned Advocate for the applicant on this application for anticipatory bail. 2. In the present matter, apprehending arrest at the hands of Mahabaleshwar police station in C.R. No.7 of 2010 the applicant had preferred present anticipatory bail application. 12crn2758-10 2 3. It is a factual position, as brought to the notice of this Court by learned APP Mrs.Pai for the State, that earlier anticipatory bail application was preferred before this Court by the same applicant and directions were given to him to approach the concerned Additional Sessions Judge at Satara and accordingly Criminal Misc. Application No.372 of 2010 came to be filed. However, no interim relief was granted on 5.6.2010 i.e. on the date the said application was filed. Infact earlier Criminal Misc. Application No.134 of 2010 was initiated before the Additional Sessions Judge at Satara for anticipatory bail by the present applicant along with two other applicants. In the said application, the present applicant was applicant No.2, however, he did not press the said application and it was finally heard and decided by the Court vide order dated 26th March, 2010 granting anticipatory bail in favour of the applicant Nos.1 & 3 therein who pressed for the relief. After the said application, the above mentioned factual position occurred and as on today the anticipatory bail 12crn2758-10 3 application preferred before the Additional Sessions Judge, Satara is pending. While rejecting the ad­interim order, the learned Additional Sessions Judge mentioned that it was third successive application for anticipatory bail and the matter requires hearing on merits. 4. Learned Advocate for the applicant submits that at the time of passing of the said order dated 5.6.2010, the applicant was hospitalized for taking treatment on account of sustaining a fracture so also presently he is in hospital. 5. It appears that since the lodging of the said Criminal Misc. Application No.372 of 2010 even there are no steps taken by the concerned police station to show arrest of the applicant in the said matter. 6. Under these circumstances, considering pendency of the anticipatory bail application i.e. Criminal Misc. Application No.372 of 2010 before the learned Additional Sessions Judge, Satara, nothing survives in the present matter 12crn2758-10 4 and the present application is dismissed and accordingly disposed of. Directions are given to the learned Additional Sessions Judge, Satara to deal with the pending anticipatory bail application according to law and at the earliest possible. (A.R.JOSHI,J.)