2007 (11) TMI 712

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....l, Advs For the Respondents : Sidharth Luthra, Sr. Adv., Rajneesh Chopra, Dhruv Kapur, Anurag, Anil Katiyar, Abha R. Sharma and Subramonium Prasad, Advs. JUDGMENT ARIJIT PASAYAT, J. 1. Leave granted. 2. Though many points were urged in respect of the appeal, we find that the impugned order of the High Court cannot be maintained on one ground. Though it had issued notice to the appel....

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....22.9.2005, without service on the appellant, the High Court converted the application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'), to one under Section 438 Cr.P.C. and granted interim protection. 3. Learned Counsel for the appellant submitted that several facts were suppressed. By giving wrong impression about the factual scenario, the appellant persua....

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....at relief in the regular bail application appears to have been granted to respondent No. 1 in view of the interim protection given by the High Court to the accused by the impugned order. 5. In view of the aforesaid position, the impugned order is set aside and the matter is remanded for fresh consideration. We make it clear that we have not expressed any opinion on the merits of the case. To av....