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Bombay High CourtABA/1174/2025rejected

Hashim E Kadar v. State Of Maharashtra

2025-04-28Hon'Ble Shri Justice N. R. Borkar2 pages

KVM 1/2 23 - ABA 1174 OF 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.04.28 21:04:28 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1174 OF 2025 HASHIM E KADAR ..... APPLICANT

VERSUS

STATE OF MAHARASHTRA & ANR.

..... RESPONDENTS Mr.Ricky Chopra i/b. Expert Jurist LLP for the Applicant. Mr. Nitin B. Patil, A.P.P. for the State.

Mr. Amir Shaikh for the Respondent No.2.

Mr.Madhukar Shirke, P.S.I., Kharghar Police Station, Navi Mumbai present.

CORAM : RAJESH S. PATIL, J.

DATE : 28th APRIL, 2025 P.C. :- The learned A.P.P. submits that at page 40, a copy of the order passed in the matter of the present applicant is annexed, whereby the bail application of the present applicant was allowed since there was an undertaking filed by the wife of the present applicant. In the said undertaking, the wife of the present applicant had undertaken that a sum of Rs.42,50,000/- will be deposited. Out of the said sum, a sum of Rs.5 Lakhs was to be deposited forthwith.

KVM 2/2 23 - ABA 1174 OF 2025.doc 2.

However, though there was an undertaking filed and bail application of the present applicant was allowed, since according to the first informant there was a breach of the undertaking, an application of cancellation of the bail was filed and the order dated 24th March, 2023 granting bail was recalled. The present applicant preferred a Special Leave Petition in the Supreme Court challenging the order passed on 26th February, 2025. The Supreme Court by its order dated 15th April, 2025 dismissed the Special Leave Petition of the present applicant. However, liberty was granted to the present applicant to appear before this Court and make his plea. 3.

The learned A.P.P. submits that the present application cannot be heard before this Court since the order has been passed by the Hon'ble Shri Justice N.R.Borkar.

4.

Registry to place the matter before the appropriate Court. [RAJESH S. PATIL, J.]