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CR.MA/13448/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13448 of 2008
In
CRIMINAL
MISC.APPLICATION No. 6376 of 2008
=========================================================
PARAGBHAI
NARENDRABHAI KARGATIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
mr
Nirad D Buch, for NANAVATY ADVOCATES for
Applicant(s) : 1,
Mr
SP Hasurkar, Addl.PUBLIC
PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 20/10/2008
ORAL
ORDER
1. This
application has been filed by the present petitioner with a prayer
to recall order dated 12.9.2008 passed by this court and to restore
Criminal Misc. Application No.6375 of 2008 to its file.
2. In
spite of the order passed by this court, the petitioner has not
removed the office objections in the above Criminal Misc. Application
and therefore, the said application stood automatically dismissed for
default. As the application for bail stands dismissed for default
and not disposed of on merits, the present application is not
maintainable. The petitioner has no bar from filing a second
application for bail. Hence, as remedy is available to the
petitioner, this application is rejected. He is at liberty to file
fresh application and if such application is filed, the same will be
decided on merits and in accordance with law.
[M.D.
SHAH, J.]
msp
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