Union Of India v. Jasbir Singh Gurcharan Singh And ORS

1 of 2 904.APEAL.325.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.325 OF 2014 Union of India Appellant versus Jasbir Singh Gurcharan Singh and others Respondents Ms.Rati Amrolia for Appellant.

CORAM :

S.C.DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATE :

14th March 2018 PC :

1.

This appeal filed by Union of India challenges the acquittal of respondents herein. The appeal has been admitted on 28th June 2011. The matter was listed because the second set has not been prepared and furnished by the prosecution and appellant before us. It is because of that the appeal being Criminal Appeal No.539 of 2011, though otherwise ready for hearing, cannot be proceeded with.

2.

When this matter was placed before us, on instructions, Ms.Rati B. Amrolia appearing for the appellant seeks leave to withdraw the appeal. She has sought this leave because despite strenuous efforts taken, the accused could not be traced out. In terms of the earlier order, even the assistance of Jammu & Kashmir High Court did not result in apprehension of the respondent-accused.

2 of 2 904.APEAL.325.2014 3.

Accordingly Criminal Appeal No.325 of 2014 is allowed to be withdrawn with liberty to file a fresh appeal in the event accused is apprehended.

(PRAKASH D. NAIK, J.) (S.C.DHARMADHIKARI, J.) MST