IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1580 OF 2008 GULAM MOHD. ABDUL REHMAN PATEL .... APPLICANT V/S. STATE OF MAHARASHTRA ..... RESPONDENTS Mr.Rajendra Sovankar, for the Petitioners. Mr.Y.M.Nakhawa, A.P.P., for the State. CORAM : A.A.KUMBHAKONI, J. (Vacation Judge ) DATE : MAY 22, 2008. P.C. 1. The learned A.P.P. appearing in the present matter upon instructions from the Investigation Officer, who is present in the Court, makes a statement that the present applicant was arrested on 16- 05-2008. The learned Counsel appearing on behalf of the applicant, accepts this factual aspect and states that the applicant has already filed an application for bail before the Sessions Court, which was fixed yesterday for hearing and order. 2. The learned counsel appearing for applicant also makes a grievance about the manner in which the applicant was arrested when the present proceeding was pending in this Court. It is pertinent to note that my Predecessor during vacation has passed an order dated 13-05-2008 in the present proceeding, specifically stating that at this stage, no interim relief can be granted to the applicant. It appears that in absence of any interim protection to the petitioner, the police have arrested the accused. 2 3. In view of the aforesaid admitted factual aspect of the matter, the present application which seeks only anticipatory bail has become infructous and hence dismissed accordingly. 4. It is made abundantly clear that this order is passed only and only in view of the aforesaid facts and circumstances showing that the present proceeding have become infructous. It is expressly made clear that this order is not passed on merits of the matter and that it will be open for the Sessions Court to try, entertain and decide the bail application of the applicant on its merit and uninfluenced by the rejection of the present anticipatory bail application by this order. ( A.A.Kumbhakoni, J.)