Kiran Hema Ghorad v. State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 513 OF 2023 Kiran Hema Ghorad ..

Appellant

Versus

The State of Maharashtra & Anr ..

Respondents ...

Mr. Mahesh M. Funde for the appellant.

Mr.Y.M.Nakhawa, APP for the State.

API Sandip Shingate from Kalyan Taluka police station. CORAM: BHARATI DANGRE, J.

DATED : 3rd MAY, 2023 P.C:- The learned APP state that on completion of investigation in the subject C.R, charge-sheet has been filed on 29/4/2023.

On such statement being made, the learned counsel for the appellant seek permission to withdraw the Appeal and present it before the Addl. Sessions Judge, Kalyan. He, however, apprehend that since the regular Court is on leave, the in-charge Court may not take up his application. The apprehension is completely unfounded since the in-charge Court is expected to work in place of a Regular Court and therefore, the applications Tilak

2/2 12 APEAL 513-23.doc relating to bail or Anticipatory Bail which have to be heard on priority basis, are expected to be taken up for hearing forthwith. On an Appeal being filed before the Special Court, either the regular Court or the Court in-charge before whom the Appeal would lie, shall take up the same for hearing forthwith and pass necessary orders, since it is informed that the applicant is incarcerated for more than two months. It is expected for the concerned Judge to hear the application expeditiously and pass orders forthwith, keeping in mind the aforesaid fact. Appeal is permitted to be withdrawn and disposed off with the above direction.

( SMT. BHARATI DANGRE, J.) Tilak