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Bombay High CourtAPPA/224/2015others disposed off

Shantaram Vasant Kale And ANR v. The State Of Maharashtra

2015-03-03Hon'Ble Shri Justice P.V. Hardas,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

APPA 224.15.sxw JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 224 OF 2015 IN CRIMINAL APPEAL NO. 727 OF 2014 Shantaram Vasant Kale and Anr.

... Applicants.

V/s.

The State of Maharashtra.

... Respondent.

Miss. Rebecca Gonsalves for the Applicants.

Smt. V.R. Bhosale, APP for the State.

CORAM : P.V. HARDAS & Dr. SHALINI PHANSALKAR-JOSHI, JJ.

MARCH 03, 2015.

P.C. :- Miss. Rebecca Gonalves, learned Counsel for the Applicants at the outset states that the Applicants do not press for the relief prayed for in this Application at this stage but prayed for grant of liberty to file an application afresh in the event the Criminal Appeal is not heard within a reasonable time. The learned Counsel for the Applicant further requests that in the light of the nature of the evidence against the Applicants, the hearing of the Appeal be expedited. 2.

The Applicants have annexed the copies of the depositions of the 3 witnesses who have been examined on

APPA 224.15.sxw behalf of the prosecution in the trial. In the light of the nature of evidence against the Applicants, in our opinion, it would be appropriate to decide the Appeal finally and we accordingly direct that the Record and Proceedings be called for. Registry to ensure that the Record and Proceedings is received from the Trial Court on or before 16th March 2015. This Appeal therefore to be listed for final hearing on 16th March 2015 subject to overnight part-heard matter.

3.

We dispense with the preparation of a formal paper-book as the depositions have been annexed to the bail application.

4.

Accordingly, Criminal Application No. 224 of 2015 is dismissed as not pressed with the liberty as prayed for with the aforesaid directions.

(DR.SHALINI PHANSALKAR-JOSHI, J.) (P.V. HARDAS, J.)