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Bombay High CourtIA/2974/2024disposed off

Yogesh Vishnu Bhabad v. The State Of Maharashtra And ANR

2024-09-25Hon'Ble Shri Justice Manish Pitale2 pages

902_IA_2974_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2974 OF 2024 IN BAIL APPLICATION NO. 2496 OF 2022 Yogesh Vishnu Bhabad ...

Applicant vs.

The State of Maharashtra and another ...

Respondents Ms. Shaheen Kapadia, i/b. Mr. Irfan S. Unwala for applicant. Mr. Mayur S. Sonavane, APP for respondent No.1-State. CORAM : MANISH PITALE, J.

DATE :

25th SEPTEMBER, 2024 P.C. :

.

Heard learned counsel for the applicant.

2.

The present application is moved for restoration of Bail Application No.2496 of 2022. The said bail application was dismissed for want of prosecution on 26.03.2024.

3.

In the application, it is stated that on the said date of listing, the advocate representing the applicant could not remain present due to personal difficulty.

4.

Considering the fact that the bail application was pending since the Digitally signed by PRIYA KAMBLI Date:

2024.09.26 11:58:31 +0530 year 2022 and the advocate was in personal difficulty on the date of listing, PRIYA KAMBLI the present application is allowed and Bail Application No.2496 of 2022 is restored to file.

1/2

902_IA_2974_24.doc 5.

The record shows that on 30.09.2022, this Court had issued notice to respondent No.2, as the applicant in the present case is facing prosecution for offences under the POCSO Act also. The investigating officer was directed to apprise the said respondent No.2 about the notice being issued in the bail application.

6.

With the restoration of bail application, it would be appropriate that the notice is once again served on the respondent No.2. 7.

Hence, issue notice in the restored bail application, returnable on 24.10.2024, High on Board.

8.

Accordingly, the applicant shall furnish a fresh set of papers to the investigating officer within one week for service on respondent No.2. (MANISH PITALE, J) Priya Kambli 2/2