Mujeebkhan Farooqui v. Bhandari Co-Operative Bank Ltd. And ANR.

spb/ 904wp4709-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 4709 OF 2014 Shri Mujeebkhan Farooqui ... Petitioner.

(Org.Accused) V/s.

Bhandari Co-operative Bank Ltd., & Anr.

... Respondents.

--- Ms. Sartaj Shaikh, Advocate for the Petitioner. Mr. Ajay Patil, APP for the State.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 23 JANUARY, 2015 P.C. :

Heard learned Advocate Ms.Sartaj Shaikh appearing for the Petitioner and the learned additional public prosecutor for the State.

This writ petition challenges the order passed by the additional Sessions Judge, rejecting the bail application on the ground that the application for condonation of delay in filing of the appeal was pending. Learned Additional Sessions Judge observed that the bail could not have been granted at that stage.

It is submitted by Ms. Sartaj Shaikh, Advocate for the Petitioner, that the delay has now been condoned and the Borey 1/2

spb/ 904wp4709-14.doc appeal is likely to come up for admission. In view thereof, the appropriate course open to the petitioner is to file a fresh bail application which can be considered by the learned additional Sessions Judge, as delay in filing the appeal has been condoned.

Present writ petition stands disposed of with liberty to the petitioner to file a fresh bail application before the learned additional Sessions Judge. Such bail application shall be decided on or before 29th January, 2015.

Order accordingly.

(JUDGE) .....

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