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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.