Sangram Mahadev Kale v. The State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SALGAONKAR M M Date: 2023.04.25 22:55:06 +0530 SALGAONKAR M M CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.647 OF 2022 Sangram Mahadev Kale ..

Appellant

Versus

The State of Maharashtra & Anr.

..

Respondents WITH CRIMINAL APPEAL NO.648 OF 2022 Snehal Sangram Kale & Anr.

..

Appellants

Versus

The State of Maharashtra & Anr.

..

Respondents ...

Mr.Rupesh A. Zade with Ms.Priyanka Gupta for the Appellants in both the Appeals.

Mr.S.R.Agarkar, A.P.P. for the State.

Ms.Neha R. Kokare for the Respondent No.2.

...

CORAM: BHARATI DANGRE, J.

DATED : 25th APRIL, 2023 P.C:- 1.

In the two Appeals, the Appellants were admitted to protection from arrest on 30/06/2022 and they were directed to report to the Investigating Offcer on the specifed dates. The order continued from time to time and is in operation till date.

2.

During the pendency of the Appeals, considering inter se connect between the complainant and the Appellants, the M.M.Salgaonkar

2/2 16 APEAL-647-22+1.odt learned counsel appearing for the respective parties agreed that an attempt for mediation shall be tried and, accordingly, a Senior Advocate from Baramati District Court was appointed as Mediator to mediate between the family members and the report was directed to be submitted.

3.

The learned Mediator has submitted his report in a sealed envelope to the Deputy Registrar, Main Mediation Centre, Mumbai.

In the said report, he has clearly recorded that the Advocate for Respondent No.2 informed the learned Mediator that she is not ready to participate in the mediation. In these circumstances, the learned Mediator communicated that the mediation could not be materialised. The said report, placed on record vide communication dated 21/04/2023, is accepted. It is apparent that the mediation did not proceed ahead because of the non co-operative approach of Respondent No.2. The learned A.P.P. states that on completion of investigation, the charge-sheet has been fled and the Investigating Offcer specifcally states that the custodial interrogation of the Appellants is no more necessary, as the Appellants have rendered their co-operation in the investigation.

In the wake of the above, the order dated 30/06/2022 is made absolute.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar