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2023 (5) TMI 1306

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..... co-accused who was released on bail has not surrendered. It is this factor alone which can be discerned to be the reason to not entertain the bail application. The fact that the co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail to the co-accused, namely, the appellant - impugned order is set aside - Appeal allowed. - HON'BLE MR. JUSTICE K.M. .....

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..... t securing bail from the High Court has failed. As far as the impugned order goes, we notice that the following is the reasoning: Taking into account that the co-accused, who has since been released on bail has not surrendered, this Court is constrained not to entertain the bail application of the petitioner. Thereafter the Court proceeded to note the case of the appellant that his father has unde .....

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..... d. The impugned order is set aside. The High Court will take up BLAPL No. 6803/2022 and pass orders on the same in view of the fact that it is a case where the charges have been framed and 19 prosecution witnesses are proposed to be examined by the State. We request the High Court to take up the application and dispose of the same at the earliest and if possible, preferably within a period of two .....

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