Abubakar Ahmed Said Saleh v. Union Of India

1 /3 10-appp-302-15.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION 302 of 2015 IN CRIMINAL APPLICATION No. 1287 of 2014.

Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Smt. Aisha Ansari, Advocate for the applicant. Mr F.E.Saldhana for the respondent no.1-C.B.I. Smt. P.P. Bhosale, APP for the State.

CORAM : A.S.GADKARI, J.

DATED : 11th AUGUST, 2016.

P.C.

1) This is an application for recalling the Order dated 17/6/2015 passed by this Court, thereby confirming the adinterim relief granted by an Order dated 6.1.2015 in Criminal Application No. 1287/2014.

2) By the said Order dated 17.6.2015 the Criminal Application No.1287 of 2014 is admitted and the ad-interim relief granted by an Order dated 6.1.2015 is confirmed as interim relief. The learned counsel for the applicant submitted

2 /3 10-appp-302-15.doc that on 17.6.2015 she could not attend the Court because of her ill health and, therefore, an opportunity of being heard could not be availed by her. She submitted that before confirming the ad-interim relief, she may be granted an opportunity of being heard in the matter, as, according to her, she has good case on merits. Mr Saldhana, the learned counsel for the respondent no.1 with utmost fairness, at his command, submitted that he has no objection if the applicant herein / the respondent no.1 in Application No. 1287 of 2014 is heard on merits before confirming the ad-interim relief.

3) In view of the above, the Order dated 17.6.2015 to the extent it confirms the ad-interim relief as interim relief, is hereby recalled.

4) The present application is allowed in terms of prayer clause 9 (d).

5) Place the Criminal Application No.1287 of 2014 on board on 22/8/2016.

(A.S. GADKARI, J.)

3 /3 10-appp-302-15.doc