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2017 Supreme(Guj) 724

AKIL ABDUL HAMID KURESHI, J.B.PARDIWALA, A.J.DESAI
Abhijit Prabhakar Konduskar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Dilbur
For the Respondents: Mitesh Amin

JUDGMENT :

A.J. Desai, J.

1. This Special Bench has been constituted as per the order of Hon'ble the Chief Justice, pursuant to an oral order dated 27/04/2016 passed by learned Single Judge (Coram: Hon'ble Mr. Justice Anant S. Dave) observing as follows:

"5. Having heard learned advocates appearing for the parties and on perusal of the decision rendered by the larger bench of this Court in Criminal Misc. Application No. 4917 of 2004 and decision of the Apex Court in the case of Mehboob Dawood Shaikh (supra), I am of the view that the issue namely whether observations made by a larger Bench of this Court in Criminal Misc. Application No. 4817 of 2004 relying on case of Mehboob Dawood Shaikh Vs. State of Maharashtra, reported in 2004 AIR SCW 527 subsequent bail applications for cancellation of bail under Sections 437(5) and 439(2) of the Code and for temporary bail need not to be placed before the same Judge. Further, such subsequent applications are required to be placed before the appropriate Court as per the roster will stricto-sensu apply where, learned Judge of this Court is in seisin of regular successive bail application and during pendency of such successive regular bail applica


































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