Prakash Hiralal Gaikwad v. State Of Maharashtra And ANR.

by RUPALI RAJESH WAKODIKAR Date:

2022.07.04 15:10:35 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 563 OF 2022 Prakash Hiralal Gaikwad ...Appellant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Shailesh D. Chavan for the Appellant.

Mrs. P.P. Shinde, A.P.P for the Respondent No.1-State. Mr. U.N.Chikane, PSI, Dy. S.P. Office present. CORAM : REVATI MOHITE DERE & V. G. BISHT, JJ.

DATE : 30 th JUNE, 2022 P.C. :

1.

Learned APP, on instructions, states that during the pendency of the aforesaid appeal, the police have filed chargesheet in the said case and as such, it is open for the appellant to file an appropriate application (for bail) before the learned Special Judge, post filing of chargesheet.

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2.

In view of the statement made by the learned APP i.e. the chargesheet has been filed in the said case, learned Counsel for the appellant seeks leave to withdraw this appeal with liberty to file an appropriate application before the learned Special Judge seeking his enlargement on bail, after filing of chargesheet. 3.

The application is accordingly disposed of as withdrawn with liberty as prayed.

4.

If an application is filed by the appellant seeking his enlargement on bail, after filing of the charge sheet, the same shall be considered by the learned Special Judge on its own merits, uninfluenced by the earlier order passed as well as the withdrawal of this appeal. The learned Special Judge to decide the said application, as expeditiously as possible and in any event, within 3 weeks from the filing of the application.

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5.

The learned Judge to ensure that the investigating officer of the concerned Police Station informs the respondent No.2, the filing of the said application.

6.

All concerned to act on the authenticated copy of this order.

V. G. BISHT, J.

REVATI MOHITE DERE, J.

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