availed of, as has been held
by the Constitution Bench in Sanjay Dutt's case
(supra). The crucial question that arises for
consideration, therefore ... judgments on right of the accused to default
bail including Sanjay Dutt v. State through C.B.I., (1994) 5
SCC 410; Hitendra Vishnu Thakur
Thakur (supra) without
apprising itself about the Constitution Bench decision in Sanjay Dutt v.
State [3] which makes the order unsustainable. It is urged ... presentation. He has
commended us to the decisions in Sanjay Dutt (supra), State of M.P. v.
Rustam & ors.[4], Bipin Shantilal Panchal
Sanjay Dutt vs State Of Maharashtra Tr.Cbi,Bombay on 31 March, 2009
Equivalent citations: 2009 AIR SCW 2257, (2009) 79 ALLINDCAS ... CRIMINAL APPEAL NO. 1060 OF 2007
SANJAY DUTT ...PETITIONER/APPELLANT
VERSUS
STATE OF MAHARASHTRA ...RESPONDENT
TR. CBI, BOMBAY
case of Sanjay Dutt Vs. State
through CBI, Bombay (II) (1994) 5 SCC
410, notice to the accused at the time of
consideration of application ... mandatory. It is submitted that in the case
of Sanjay Dutt (supra), this Court has
further interpreted to mean that a written
notice
Constitution Bench decision of this Court in the case of
Sanjay Dutt v. State reported in (1994) 5 SCC 410 (paras ... Magistrate.”
38. This Court also dealt with the decision rendered in Sanjay
Dutt [Sanjay Dutt v. State
State of Maharashtra & Ors. [(1994) 4 SCC 602]; Sanjay Dutt Vs.
State through C.B.I., Bombay [(1994) 5 SCC 410]; Uday Mohanlal
Acharya ... judgments of the Supreme Court in the case of Sanjay Dutt (Supra);
Uday Mohanlal Acharya (Supra); Dr. Bipin Shantilal Panchal Vs.
State of Gujarat
view which require consideration on this point. In the case of Sanjay Dutt v. State through CBI Bombay ... this stage."
6. Question before the Supreme Court in Sanjay Dutt 's case, (1995 Cri LJ 477), was whether indefeasible right
expression "is being
considered" used in the case of Sanjay Dutt v. State, Through C.B.I.,
Bombay ... placed on the observations of the Apex Court in case of
Sanjay Dutt v. State, Through C.B.I., Bombay (II ) (supra) wherein
already availed of' used by this
Court in Sanjay Dutt's case (supra) must be understood to mean
when the accused files ... expression “if not
already availed of” used by this Court in Sanjay Dutt (supra) must
be understood to mean “when the accused files an application
subsequent judgment of the Constitution Bench of the Apex Court in Sanjay Dutt v. State through C.B.I., Bombay ... sheet within the prescribed time. In short, the Apex Court in Sanjay Dutt 's case, cited supra, in clearest possible term has declared that
