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Bombay High CourtAPEAL/302/2021disposed off

Nilesh Bhagwan Sambre v. The State Of Maharashtra And ANR.

2021-06-10Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice N. J. Jamadar2 pages

20-APEAL-302-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPEAL NO. 302 OF 2021 Nilesh Bhagwan Sambre ...Appellant vs.

The State Maharashtra & Another

...Respondents

WITH CRIMINAL APPLICATION NO. 1222 OF 2021 IN APPEAL NO. 302 OF 2021 Manoj Sadanand Kharpade ... Applicant/Intervener In the matter between :

Nilesh Bhagwan Sambre ...Appellant vs.

The State Maharashtra & Another

...Respondents

Mr.S.B.Talekar i/b Talekar and Associates for appellant in APEAL/302/2021 and for applicant in CRI. APPLN/1222/2021. Smt. A.S.Pai, APP for respondent No.1-State.

Mr.Ghanshyam Upadhyay i/b Law Juris for respondent No.2. CORAM :

S. S. SHINDE & N. J. JAMADAR, JJ.

DATE :

JUNE 10, 2021 (THROUGH VIDEO CONFERENCE) P.C.:

1.

Heard the learned counsels for the parties.

2.

At the outset, it is pointed out that during the pendency of this appeal, charge-sheet has been filed before the Special Court. Shraddha Talekar, PS 1/2

20-APEAL-302-2021.doc 3.

In view of the aforesaid development, in the intervening period, Mr. Talekar, the learned counsel for the appellant, on instructions, seeks leave to withdraw the appeal with liberty to file an application before the Special Court. Mr. Talekar further submits that the Special Court be directed to decide the application expeditiously.

4.

In view of the aforesaid submission, the appeal stands disposed of as withdrawn with liberty to the appellant to file an appropriate application before the Special Court within a period of four days from today.

5.

In the event, such an application is filed, the Special Court is requested to make an endeavour to decide the application, on its own merits, without being influenced by the orders passed and the events transpired during the pendency of this appeal, as expeditiously as possible and, preferably, within a period of three weeks from the date of filing of the application.

6.

In view of disposal of Appeal No.302 of 2021, Interim Application No.1222 of 2021 does not survive and accordingly stands disposed of.

(N. J. JAMADAR, J.) (S. S. SHINDE, J.) Shraddha Talekar, PS 2/2