Disposed
Laxmi Suresh Sathe v. the State of Maharashtra and Anr.
Bombay HCABA/309/2018
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aba.309-2018.doc
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 309 OF 2018
Mrs. Laxmi w/o Suresh Sathe ..Applicant Vs The State of Maharashtra & Anr. ..Respondents ----- None for applicant. Mr. Amit Palkar, APP for State.
CORAM : A.S.GADKARI, J. DATE : 16th July 2018.
P.C.: 1] In pursuance of Order dated 28th June 2018, the learned Additional Chief Metropolitan Magistrate, 65th Court, Dadar, Mumbai has submitted explanation by his communication dated 12th July 2018.
2] In the said explanation, it is stated that at the time of hearing of the said application the Advocate for the applicant and the concerned Investigating Officer in their pleadings have stated that, this Court has granted anticipatory bail to the applicant in the sum of Rs.25,000/- and the fact that it was only interim Order passed by this Court was supressed from the concerned Court. It is further stated that, the concerned Advocate who appeared before the said Court did not point out the correct factual position to him at the time of passing the Order dated 17.4.2018.
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aba.309-2018.doc
3] As noted in Order dated 28th June 2018, it was the responsibility of the concerned Advocate to point out the corrrect proposition of law to the learned Metropolitan Magistrate, however, he utterly failed in performing his lawful duty.
4] May that as it may, the explanation submitted by the concerned Metropolitan Magistrate is accepted. The Order dated 28th June 2018 is accordingly complied with.
(A.S.GADKARI, J.)
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Mrs. Laxmi w/o Suresh Sathe
The State of Maharashtra
A. S. Gadkari
As recorded by the court registry
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