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Bombay High CourtAPEAL/597/2022disposed off

Pandurang Dagdu Gholap v. The State Of Maharashtra And ANR.

2023-02-16Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

DAE 19-APEAL-597-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 597 OF 2022 Pandurang Dagdu Gholap ...Appellant

Versus

The State Of Maharashtra And Ors.

...Respondents

Mr. Niranjan Mundari i/by Keral Mehta Advocate for Petitioner. Mrs. M. H. Mhatre, APP for Respondent-State.

Mr.Pradeep Thorat a/w Mr.Aniesh Jadhav for Respondent Nos.2 to 10 CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

by DNYANESHWAR ASHOK ETHAPE Date: 2023.02.20 19:24:08 +0530 DNYANESHWAR ASHOK ETHAPE DATE : 16th FEBRUARY, 2023.

P.C.:- 1.

After hearing the learned counsel for Appellant at length, when this Court was not inclined to grant relief of bail, learned counsel on instructions, seeks leave to withdraw present Appeal with liberty to file a fresh application for bail before the trial Court if, the trial pertaining to Special Case No. 68 of 2022 pending on the file of learned Additional Sessions Judge, Kalyan does not conclude within a period of one year from today.

Leave and liberty granted.

2.

Appeal is dismissed as withdrawn with aforesaid liberty. 3.

Record clearly indicates that, Petitioner is aged about 73 years as of 1/2

DAE 19-APEAL-597-2022.doc today and is behind the bars since 26th January 2022. 4.

In view thereof, we hereby request the learned Additional Sessions Judge, Kalyan seized of Special Case No. 68 of 2022 to expedite the hearing of the said case and to conclude the same within a period of one year from the date of receipt of present Order.

5.

Registrar (Judicial-II) is directed to communicate present Order to the learned Additional Sessions Judge at Kalyan for adopting necessary steps.

(PRAKASH D. NAIK, J.) (A. S. GADKARI, J.) 2/2