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1. The learned Sessions Judge of Greater Mumbai, pending hearing of Anticipatory Bail Application before it, refused to grant interim protection by its order dated 19th April, 2014. Hence, this application is preferred seeking interim bail, till the final decision on the Anticipatory Bail Application 754 of 2014, which is pending before the learned Sessions Judge.

2. In the course of submissions, the following proposition was made:

The learned Counsel submitted that the crux of the arguments is that the proviso is not a rider to section 438(i) and does not create a third possibility of keeping the matter pending without passing any order. In support of the submissions, he relied on clause 6.2.10 wherein the Law Commission has stated that the "proviso is more of clarification nature and it is not by way of exception to subsection (i) of section 438. It only seeks to clarify whether there is any embargo on the police power to arrest the applicant/petitioner on whose Anticipatory Bail Application, either no interim order has been passed or whose application for direction under subsection (1) has been rejected. The proviso declares that there will not be any embargo and it will be open to the police to arrest such a person, if such an arrest is otherwise considered necessary in a given case. The proviso, however, does not say that the police must necessarily arrest the person in the situation envisaged therein."
"3. This Court has already taken a view that if the learned Sessions Judge is not inclined to grant ad-interim relief pending the application for anticipatory bail, the proper course will be to reject the application for anticipatory bail. This Court has already deprecated the practice of rejecting the prayer for ad-interim relief made in the application for anticipatory bail and keeping the main application for anticipatory bail pending."

However, law is not discussed in respect of the bar on Court's power to adjourn without passing any order. The prosecutor has also not opposed the application. Therefore, it cannot be said that the ratio is laid down in the said judgment.

21. In the case of Rais Shaikh vs. The State of Maharashtra (supra), the learned Single Judge of this Court (Coram: Roshan Dalvi, J.) has relied on the judgment in the case of Pradeep Pushpankant Goragandhi vs. State of Maharashtra (supra) and while disposing of the Anticipatory Bail Application, gave interim relief to the applicant and directed the applicant to appear before the concerned Court.