Rajendra Marutrao Patil @ Rajendra Marutrao Magar v. The State Of Maharashtra

919-APPP-914-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.914 OF 2017 IN CRIMINAL BAIL APPLICATION NO.480 OF 2017 RAJENDRA MARUTRAO PATIL @ ) RAJENDRA MARUTRAO MAGAR )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Abdul Chaudhari i/b. Mr.Subhash Hulyalkar, Advocate for the Applicant.

Ms.Rebecca Gonsalvez, Advocate for the Respondent / CBI. Mrs.A.A.Takalkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

2nd NOVEMBER 2017 P.C. :

This is an application for restoration of Criminal Bail Application No.480 of 2017.

Heard the learned advocate appearing for the applicant / accused as well as the learned advocate appearing for the CBI and the learned APP.

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919-APPP-914-2017.doc Duly sworn testimony of the learned advocate appearing for the applicant / accused is to the effect that the learned advocate representing the applicant / accused could not remain present in the matter in the afternoon session when the bail application was called out for hearing, and as such, the same came to be dismissed for want of prosecution. The learned advocate for the CBI disputed this statement by contending that in the morning session itself, the bail application came to be passed over for making a statement regarding withdrawal of the same.

Be that as it may, it is seen that the bail application came to be dismissed for want of prosecution. In the interest of justice, it needs to be restored, and therefore the order :

ORDER

i) The application is allowed.

ii) The Criminal Bail Application bearing No.480 of 2017 is restored to file.

iii) The application is disposed of.

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