(1.) Heard Mr. V. V. Bhangde, learned Counsel for the applicant, mr. S. U. Deopujari, learned A. P. P. for the respondent No. 1 and Mr. S. V. Manohar, learned amicus curiae.
(2.) The applicant has filed this application under section 438 of the Code of criminal Procedure (hereinafter referred to as "the Code") directly to this Court without approaching the Sessions Court at Nagpur, seeking anticipatory bail apprehending arrest in Crime No. 6/2007 registered at Sadar Police Station alleging offences punishable under sections 420, 417, 411 of the Indian Penal code.
(3.) Since the issue arises as to whether the application filed by a person apprehending arrest in non-bailable offence directly to the High Court is maintainable and the said issue is of vital importance, it was considered necessary to appoint amicus curiae in the matter and accordingly Advocate S. V, manohar was appointed amicus curiae.