The High Court of Bombay recalled an interim order that dismissed an anticipatory bail application, restoring the file to admit that the applicant had paid the required bond amount within the granted extension.
Order dated 18th September 2021 recalled; A.B.A. and Intervention Application restored to file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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27-Ia-2418-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2418 OF 2021
IN
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 851 OF 2019
Dashrath Machindra Kokare… Applicant
V/s.
The State of Maharashtra… Respondent
Mr.Shyam Dewani a/w. Mr.Gopal Tripathi and Mr.Sumit Khanna for Applicant.
Mr. Y.M. Nakhwa, A.P.P. for Respondent-State.
CORAM : A.S. GADKARI, J.
DATE : 5th October 2021.
P.C. :
1.This is an application for recalling of Order dated 18th September
2021 passed in A.B.A. No.851 of 2019.
2.Learned counsel for the Applicant submitted that, on 30th August
2021 this Court had adjourned the said A.B.A. to 30th September 2021 by
granting further period of four weeks to the Applicant to pay the balance
amount of Rs.50,00,000/- to the first informant/intervenor. However, the said
A.B.A. was all of a sudden listed on board on 18th September 2021, before the
end of four weeks and before the scheduled date as per Order dated 30th
August 2021, and thereafter by observing the facts mentioned therein, this
Court dismissed the A.B.A..
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Osk 27-Ia-2418-2021.odt
3. Learned counsel on instructions further submitted that, as a
matter of fact, the Applicant has paid the balance amount of Rs.50,00,000/-
within stipulated period i.e. on or before 30th September 2021 and therefore
the said A.B.A. filed by the Applicant ought to have been considered
sympathetically.
4.In view thereof, Order dated 18th September 2021 is hereby
recalled and A.B.A. along with Intervention Application, i.e. Criminal
Application No.567 of 2019, are restored to file.
5. Application is accordingly disposed off.
6. List A.B.A. on board on 20th October 2021 at 2.30 pm.
7. Till next date, interim relief granted earlier in favour of the
Applicant, to continue.
[A.S. GADKARI, J.]
Digitally signed OMKAR by OMKARSHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2021.10.06 10:27:54 +0530
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1 issue framed by the court
Whether the previous order disposing the anticipatory bail application should be recalled due to alleged procedural lapses and payment of bail bonds within stipulated time.
Dashrath Machindra Kokare
The State of Maharashtra
Ashok Sinha Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court