Tukaram Pandit v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1405 OF 2015 Tukaram Pandit Jagtap ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. V. V. Purwant for the Applicant Ms. P. P. Shinde, A.P.P for the Respondent-State Mr. Nagnath M. Bharate, ASI from Karad Taluka Police Station, Satara is present CORAM : REVATI MOHITE DERE, J.

TUESDAY, 22ND SEPTEMBER, 2015 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P for the State.

2.

Learned Counsel for the applicant, at the outset, states that the applicant's anticipatory bail application was rejected by the learned Additional Sessions Judge, Karad vide order dated 10th September, 2015 only on the ground that the applicant had not attended the concerned Police Station. He submits that the application has not been considered on merits. 1/3

3.

Learned A.P.P does not dispute the same. She submits that the impugned order dated 10th September, 2015 be set aside and the matter be relegated back to the Trial Court for deciding the same afresh on merits. 4.

Learned Counsel for the applicant has no objection if the order is set-aside and the matter is remitted back to Trial Court for consideration in accordance with law on merits.

5.

Accordingly, the order dated 10th September, 2015 is quashed and set-aside and Criminal Misc. Application No. 137 of 2015 is restored back to its original file. The learned Judge to decide the said application on merits, in accordance with law.

6.

Application is disposed of accordingly.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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CERTIFICATE Certified to be true and correct copy of the original signed Order. __________ 3/3