Full Judgment Text
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CASE NO.:
Appeal (crl.) 18 of 2008
PETITIONER:
Subhash Babu Patil
RESPONDENT:
State of Maharashtra & Anr
DATE OF JUDGMENT: 04/01/2008
BENCH:
ALTAMAS KABIR & J.M. PANCHAL
JUDGMENT:
JUDGMENT
O R D E R
CRIMINAL APPEAL NO.18 OF 2008
[Arising out of S.L.P.(Crl.)No.4718 of 2007]
Leave granted.
By the impugned judgment of the Bombay High Court, the appeal preferred by the
appellant herein was disposed of in his absence. Without going into the merits of the
order passed, but, relying on the view taken by this Court that in the absence of the
accused, fresh notice ought to have been issued, we set aside the impugned order of the
Bombay High Court and remand the matter back to the High Court for fresh disposal.
In the event, the appellant applies for bail afresh, the same should be considered
expeditiously by the High Court.
Having regard to this order, we request Hon’ble Chief Justice of the Bombay High
Court to allocate this matter to a particular Division Bench before whom the parties
before us shall appear either themselves or through their learned advocates on 06th
February 2008.
The appeal is allowed accordingly.