(Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
Kishanlal Bholuram Kumbhar @ Kishan Prajapati _________ Appellant
v.
The State of Gujarat ________________________________ Respondent
Criminal Appeal No. 668/2018 [Arising out of SLP (Crl) 352/2018], decided on May 2, 2018
The Judgement of the Court was delivered by
Kurian, J.:—
1. Heard learned counsel for the parties.
2. Leave granted.
3. The appellant is aggrieved since he has been refused bail by the High Court. It is not necessary to go into the factual details as it is brought to our notice that after the impugned order was passed, bail was granted to two remaining co-accused. Learned senior counsel appearing on behalf of the appellant submits that the matter may be remitted to the High Court so that the High Court may get an opportunity to consider the matter afresh in view of the subsequent developments. We find no reason to refuse such a request. Accordingly, the impugned order is set aside and the matter is remitted to the High Court for fresh consideration. The parties are at liberty to raise all the contentions which they have raised in this petition before the High Court. We request the High Court to dispose of this matter preferably before the summer vacation. The Registry shall communicate this order immediately to the High Court. We make it clear that we have not considered the matter on merits.
4. The appeal is accordingly disposed of.
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