Samir S/O Kalicharan Mandal v. The State Of Maharashtra And ANR.

902_Apeal739_21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.739 OF 2021 Samir s/o. Kalicharan Mandal ...

Appellant Vs.

State of Maharashtra and another ...

Respondents Mr. Priyatosh Tiwari i/b. Mr. Ashok M. Saraogi for Appellant. Smt. G. P. Mulekar, APP for Respondent No.1-State. Smt. A. S. Pai, Special Public Prosecution for Respondent No.2-N.I.A. CORAM : S. S. SHINDE & SARANG V. KOTWAL, JJ.

DATE : MARCH 29, 2022 P.C. :

.

Mr. Tiwari, learned counsel for the appellant, on instructions, submits that liberty may be granted to the appellant to approach the trial Court (for N.I.A.) afresh in view of change in circumstances, such as, after the charge was framed, four accused have pleaded guilty. He further submits that quantum of sentence awarded to the co-accused has direct bearing upon the contentions of the appellant. 2.

Smt. Pai, learned special counsel appearing for respondent No.2N.I.A., has no objection if liberty is granted to the applicant to approach the trial Court afresh for bail.

3.

Keeping in view the submissions made across the Bar by learned counsel appearing for the appellant and learned special counsel appearing for the respondent, liberty is granted to the appellant to approach the trial Court afresh for bail.

1/2

902_Apeal739_21.doc 4.

Needless to observe that after availing such liberty by the appellant, the trial Court shall decide the said application in accordance with law.

5.

With the above observations, appeal stands disposed of. (SARANG V. KOTWAL, J.) (S. S. SHINDE, J.) Minal Parab 2/2