jpc appp381-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 381 OF 2011 IN CRIMINAL BAIL APPLICATION NO.304 OF 2011 Pravin Indramalji Bhandari ... Applicant Versus The State of Maharashtra ... Respondent Mr. A. P. Mundargi, Senior Advocate I/by Ms. Krupali Rajani for the applicant Mrs. S. D. Shinde, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 25th July, 2011. P.C. : 1. Heard Mr. Mundargi, the learned advocate for the applicant and Mrs. Shinde, the learned APP for the State. 2. It is a fact that the impugned order, cancelling the bail, came to be passed without hearing the respondent no.1- in Bail Application No. 304 of 2011. Mr. Mundargi submits that the respondent no.1 i.e. the present applicant, is suffering from mental disorder and is taking treatment in that regard. 3. Though the order cancelling the bail granted to the applicant was passed on merits, but the same was passed without hearing the present applicant. In my opinion, under the circumstances, it is not jpc appp381-11.sxw 2 necessary to go deeper into the reasons which are advanced by the applicant for the absence of his counsel, but, instead, it would be proper to provide him an opportunity to make oral submissions in the matter. 4. Hence, it is directed that the Criminal Application No. 304 of 2011 shall be re-heard on 2nd August, 2011. Till then, the order dated 22nd July, 2011, passed thereon, shall have no effect. 5. Investigating Officer shall remain present before the Court on 2nd August, 2011. 6. Advocate Mr. Suryawanshi, who admittedly appeared for the co- accused in connection with Cri. Bail Application No. 587 of 2011, shall be permitted to remain present at the time of hearing of Bail Application No. 304 of 2011. 7. Criminal Application No. 381 of 2011 is accordingly disposed of. (A.M. THIPSAY, J.)