Ganesh Baban Jadhav v. The State Of Maharashtra And ANR

31.IA.996.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.996 OF 2025 Ganesh Baban Jadhav .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ....................

 None for Applicant.

 Mr. Balraj B. Kulkarni, APP for Respondent No.1.  PSI - Kailas Chauhan, Vikroli Police Station. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 17, 2025 P.C.

:

1.

None for Applicant.

2.

Heard Kulkarni, learned APP for Respondent No.1.. 3.

Applicant is incarcerated in prison from 01.06.2023. He has applied for bail. By order dated 21.01.2025, this Court (Coram : Nitin W. Sambre, J.) passed following order:- "1.

Heard learned counsel for the Applicant and learned APP for the Respondent/State.

2.

If the copy is supplied for effecting service, issue notice to Respondents, returnable on 20 February 2025.

3.

The learned APP waives notice for Respondent-state

4. If the copy is not supplied, the application shall stand dismissed without further reference to the Court.

5. In case, if the copy is supplied, the Senior Police Inspector shall serve notice on Respondent No.2 and submit compliance report before the Court."

4.

Interim Application is filed by Applicant seeking setting aside

31.IA.996.2025.doc the above order. After perusing the Interim Application, I am of the considered view that aforesaid order is required to be set aside in interest of justice in order to consider the Bail Application of Applicant on merits.

5.

Needless to state that Advocate for Applicant is directed to ensure that Respondent No.2 shall be served. In view of the practice followed by this Court, Applicant is directed to serve a copy of this order and copy of the Application on the Investigating Officer directly. 6.

Investigating Officer is directed by this Court to depute a responsible lady Police Officer to serve copy of Respondent No.2 and obtain her consent as to whether she requires legal representation through legal aid. The consent of Respondent No.2 shall be apprised to the Court on the next adjourned date through the learned APP. 7.

With the above directions, Interim Application is allowed and disposed.

8.

Order dated 21.01.2025 stands quashed and set aside. 9.

Bail Application is directed to be listed on 24th March, 2025 under the caption 'For Directions' after complying with directions contained in this order.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.03.17 18:35:07 +0530 HARSHADA HANUMANT SAWANT