Laxman Dharamsi Patel v. The State Of Maharashtra

sr.59.ba.3165.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3165 OF 2021 Laxman Dharamsi Patel ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Niranjan Mundaragi i/b. Mr. Raviraj P Parmane for the Applicant. Mr. H. J. Dedhia, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 28 th September, 2021 P.C. :

Learned APP has tendered an order passed by the learned JMFC dated 27th September, 2021 by which the Application filed by the Investigating Officer to drop Section 3 of the Prohibition of Benami Property Transactions Act, 1988, was allowed by the learned Court. The said order dated 27th September, 2021 is taken on record. In view of aforesaid, learned advocate for the applicant seeks leave to withdraw the Application with liberty to file an appropriate Application seeking the Applicant's enlargement on bail in Vina Khadpe 1/2

sr.59.ba.3165.2021.doc view of the subsequent development i.e. dropping of Section 3 of the Prohibition of Benami Property Transactions Act, 1988. Learned APP does not dispute that dropping of Section 3 the Prohibition of Benami Property Transactions Act, 1988 will be change of circumstances, entitling the applicant to file a fresh application for bail.

Accordingly, the applicant is at liberty to file an appropriate Application seeking his enlargement of bail, in view of the said change of circumstances. If such an Application is filed, the learned Judge to consider the same, on its own merits. All contentions of the parties are kept open.

The Criminal Bail Application is accordingly disposed of as withdrawn on the aforesaid terms.

6.

All parties to act on the authenticated copy of this order. Digitally signed by VINA ARVIND KHADPE Date:

2021.09.30 14:48:11 +0530 REVATI MOHITE DERE, J.

VINA ARVIND KHADPE Vina Khadpe 2/2