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2022 (11) TMI 1533

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..... ed that the judgments have to be dealt with due respect - the reasoning on which the revision has been allowed is also not sustainable. The petition is disposed off by observing that the observations made in the judgment in THE STATE OF TELANGANA, REPTD BY ITS SPECIAL PUBLIC PROSECUTOR FOR SPE AND ACB CASES VERSUS RAMACHANDRA BARATHI @ SATHISH SHARMA V.K., AND TWO OTHERS [ 2022 (10) TMI 1262 - TELANGANA HIGH COURT] which are contrary to the observations made in the case of Arnesh Kumar [ 2014 (7) TMI 1143 - SUPREME COURT] would not be treated as a binding precedent in the State of Telangana. Application disposed off. - Hon'ble Mr. Justice B.R. Gavai And Hon'ble Mr. Justice Vikram Nath For the Appearing Parties : Mr. Atmaram S. Nad .....

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..... accused strongly relied on the observations made in Arnesh Kumar (Supra), particularly, in paragraph 11.4 thereof. 4. Pursuant to the order dated 04.11.2022 passed by this Court, the application for bail was considered by the trial Judge and rejected on 14.11.2022. The petitioners would still have a right to apply to the High Court for consideration of the regular bail. 5. In that view of the mater, we are not inclined to entertain the present petition. 6. However, we find the approach of the learned Single Judge of the High Court in dealing with the present matter was totally untenable. 7. Though, it is always said that the High Court is not a Court to subordinate to the Supreme Court. However, when the High Court deals with judgments of t .....

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..... er(s) as well as learned counsel for the respondent-State agree that the matter needs to be reconsidered by the learned Single Judge on its own merits without being influenced by the observations made by the Division Bench. 17. Even otherwise, we find that some of the directions which are issued by the learned judges of the Division Bench are not sustainable in law. 18. The impugned judgment(s) and order(s) dated 15.11.2022 passed by the Division Bench is, therefore, quashed and set aside. 19. The learned Single Judge is requested to consider the writ petition(s) filed by the present petitioner(s) on its own merits and in accordance with law, as expeditiously as possible and preferably within four weeks from today. 20. We are inclined to ma .....

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