1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1874 OF 2009 Satish Tukaram Kedari .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Sanjeev P.Kadam, Jagdish Choudhary alongwith P.H.Gaikwad for the applicant. Mrs.S.D.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 23RD APRIL, 2009. DATED : 23RD APRIL, 2009. DATED : 23RD APRIL, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.130 of 2008 of Haveli police station, Pune. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 420, 465, 468 and 471 of IPC. 3. Mr.Kadam, learned counsel for the applicant at the outset invited my attention to the two orders, both dated 4.4.2009, passed below Exhibit-1 in criminal application No.768 of 2009 and 786 of 2009. Both these orders are identical. He submitted that application No.768 of 2009 was filed by Satish Chandrakant Dalvi and Yogesh Pundlik Makkhi, and application No.786 of 2009 was filed by the present applicant. He has also placed copies of the 2 2 2 applications on record. I have perused both the orders passed on 4.4.2009 in Criminal Application Nos.768 of 2009 and 786 of 2009. Both the orders are identical. They are word to word same. According to Mr.Kadam, the case of the present applicant has not been independently considered by the learned Judge and he has simply reproduced the same order, that was passed in criminal application No.768 of 2009. The submissions of Mr.Kadam have not been disputed by learned A.P.P. In the circumstances the order dated 4.4.2009 in criminal application No.786 of 2009 is set aside. Criminal Misc. Application No.786 of 2009 is restored to file and the Additional Sessions Judge, Pune, is directed to decide the said application afresh within a period of two weeks from the date of receipt of this order. The applicant to communicate this order to the learned Judge on or before 29th April, 2009. Interim order that was passed, pending criminal misc. application No.786 of 2009 dated 2.3.2009 and which is extended from time to time shall remain operative till disposal of criminal misc. application No.786 of 2009. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)