Suresh Babu Elangovan And ANR v. The State Of Maharashtra

1/2 49 IA-2873-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2873 OF 2021 IN BAIL APPLICATION NO.1996 OF 2021 Suresh Babu Elangovan & Anr.

..

Applicants

Versus

The State of Maharashtra ..

Respondent ...

Mr.Lokesh Zade h/f Mr.Asif L. Shaikh for the Applicant. Mr.M.G.Patil, A.P.P. for the State/Respondent. ...

CORAM: BHARATI DANGRE, J.

DATED : 08th MARCH, 2022 P.C:- 1.

By the present application, restoration of Bail Application No.1996 of 2021, which was dismissed on account of non-removal of offce objections in terms of the order dated 29/09/2021, is prayed for.

2.

Heard the learned counsel for the applicant and perused the application.

It appears that the offce objections could not be removed for the reasons stated in paragraphs 4 and 5. I am satisfed M.M.Salgaonkar

2/2 49 IA-2873-21.doc with the reasons and, since, it is the settled position of law that the client shall not be made to suffer for the mistake committed by his Advocate, the application deserves a restoration. Accordingly, the interim application is allowed. 3.

The learned counsel for the applicant fairly states that during the pendency of the interim application, the applicant has moved the trial Court and his application is rejected. He is permitted to bring the said order on record.

4.

Liberty to circulate the bail application.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar