Supreme Court of India
Subhash Babu Patil vs State Of Maharashtra & Anr on 4 January, 2008
Bench: Altamas Kabir, J.M. Panchal
CASE NO.: Appeal (crl.) 18 of 2008 PETITIONER: Subhash Babu Patil RESPONDENT: State of Maharashtra & Anr DATE OF JUDGMENT: 04/01/2008 BENCH: ALTAMAS KABIR & J.M. PANCHAL JUDGMENT:
JUDGMENT O R D E R CRIMINAL APPEAL NO.18 OF 2008 [Arising out of S.L.P.(Crl.)No.4718 of 2007] Leave granted.
By the impugned judgment of the Bombay High Court, the appeal preferred by the appellant herein was disposed of in his absence. Without going into the merits of the order passed, but, relying on the view taken by this Court that in the absence of the accused, fresh notice ought to have been issued, we set aside the impugned order of the Bombay High Court and remand the matter back to the High Court for fresh disposal. In the event, the appellant applies for bail afresh, the same should be considered expeditiously by the High Court.
Having regard to this order, we request Hon'ble Chief Justice of the Bombay High Court to allocate this matter to a particular Division Bench before whom the parties before us shall appear either themselves or through their learned advocates on 06th February 2008.
The appeal is allowed accordingly.