Kere Oliver Chinedu And ANR v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.307 OF 2016 1.

Kere Oliver Chinedu 2.

Mokolo Jonshan Buchi ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.Adwait Bhonde i/b Mr.R.V.Nahar, for the Applicants. Mr.S.H.Yadav, A.P.P. for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 30th MARCH, 2017 P.C. :

1.

Heard learned Counsel for the applicants and the learned A.P.P. 2.

By this application, the applicants seeks modification of the order dated 16th October, 2015 passed by the learned Additional Sessions Judge, Pune, below NDPS Criminal Miscellaneous Application No.26 of 2015. Vide the aforesaid order the learned Additional Sessions Judge, Pune, was pleased to modify the order dated 30th September, 2015, passed

2/3 below NDPS Criminal Miscellaneous Application No.25 of 2015, by which the applicants were enlarged on bail. It appears that more than 2 1⁄2 years have passed and yet the applicants have not been able to comply with the order dated 16th October, 2015. It is therefore appropriate that the applicants approach the learned Additional Sessions Judge, Pune and seek modification of the order dated 16th October, 2015, considering the fact that 2 1⁄2 years have passed since the said order was passed. 3.

Learned Counsel for the applicants accordingly seeks leave to withdraw this application with liberty to file a fresh application before the trial Court for modification of the order dated 16th October, 2015 passed by the learned Additional Sessions Judge, Pune, below NDPS Criminal Miscellaneous Application No.26 of 2015.

4.

If such an application is filed by the applicants before the learned Additional Sessions Judge, Pune, the same shall be decided by the learned Judge as expeditiously as possible and in any event within three weeks from the date of filing of the application.

3/3 5.

The application is accordingly disposed of as withdrawn with liberty as prayed.

6.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)