2008 INSC 0009
                                    SUPREME COURT OF INDIA

                                            Subhash Babu Patil

                                                      Vs.

                                       State of Maharashtra & Anr.

                                            Crl.A.No.18 of 2008

                                    (Altamas Kabir, J.M.Panchal,JJ.)

                                                 04.01.2008

                                                   ORDER

[Arising out of S.L.P.(Crl.)No.4718 of 2007]

1. Leave granted.

2. 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
.
3. 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.

4. The appeal is allowed accordingly.

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