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1986 Supreme(SC) 400

G.L. OZA, J.
Petn. for Spl. Leave to Appeal (Cri) Nos. 2829-30 of 1986 with S.P.L. (Cri) Nos. 2827-28 of 1986,
D/- 22-10-1986.
Jivaji Jedeja and others etc., Petitioners
Versus
State of Maharashtra and others, Respondents.

Act Referred

CONSTITUTION OF INDIA : Art.136
CRIMINAL PROCEDURE CODE : S.439, S.437, S.436

Headnote

Fresh Application for Bail - Order Granting or Refusing Bail - Surrender – Petitioners making a fresh application for bail - Held, Petitions are allowed to be withdrawn since petitioners would be making a fresh application for bail to High Court, in view of fact that High Court proceeded on an erroenous basis that order granting or refusing bail must be a speaking order - Petitioners are given time to surrender by 4p.m. on 24-10-86 unless in meanwhile, High Court in exercise of its discretion thinks it fit to grant bail or extend time for surrender – Order accordingly.

Advocates:
JOAQUIM REIS, K.VASUDEVA PILLAI, N.N.KESHVANI, P.H.Parekh, R.N.KESHWANI, RAM JETHMALANI, S.N.KACKAR, SUSHAIL DUTT, Y.S.Chitale

ORDER:- The Special Leave Petitions are allowed to be withdrawn since the petitioners would be making a fresh application for bail to the High Court, in view of the fact that the High Court proceeded on an erroenous basis that the order granting or refusing bail must be a speaking order. The petitioners are given time to surrender by 4p.m. on 24-10-86 unless in the meanwhile, the High Court in the exercise of its discretion thinks it fit to grant bail or extend the time for surrender.

Order accordingly.

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