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Bombay High CourtAPEAL/746/2017others disposed off

Nitin Revansidha Kalshetti v. The State Of Maharashtra

2018-04-25Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

Megha 915_apeal_746_2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.746 OF 2017 Nitin Revansidha Kalshetti ...Appellant

Versus

The State of Maharashtra and Anr.

...Respondents

.....

Mr. Uday P. Warunjikar for the Appellant.

Mrs. M.M. Deshmukh, APP for the Respondent No.1-State. CORAM : S.C. DHARMADHIKARI AND SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 25th APRIL, 2018.

P.C.:- In this appeal after hearing the Appellant's Advocate on 7th September, 2017 following order was passed :- "Mr. Warunjikar, learned counsel for the appellant, at the outset, seeks leave to amend the causetitle of the appeal so as to implead the original complainant as party-respondent. Leave as prayed for, is granted. Necessary amendment be carried out during the course of the day.

2.

The Registry, thereafter, shall issue notice to the added respondent returnable on 4th October, 2017. 3.

Till returnable date, in the event of the arrest of the appellant in the subject crime, he shall be released on bail on execution of a PR Bond in the sum of Rs.25,000/- with one or two sureties in the like amount to the satisfaction of the Trial Court."

2.

The said order was later modified on 11th September, 2017 Megha 1/2

Megha 915_apeal_746_2017.doc and the words "to the satisfaction of the Trial Court" were deleted. This order has been continued till date. Now the learned APP informs that charge sheet is already filed.

3.

The notice of this appeal was issued on the complainantsecond Respondent and she has engaged an advocate. That advocate is also absent.

4.

After having perused the appeal paper book, we are satisfied, particularly after the charge sheet is filed, that this is a fit case in which the Appellant is enlarged on interim anticipatory bail. 5.

The Appellant shall now be treated as enlarged on regular bail on the same terms but with an additional condition that he shall attend the Trial Court regularly on the dates on which the trial of the case is scheduled.

6.

The Appeal is allowed in the above terms by clarifying that this Court has not expressed any opinion on the rival contentions. (SMT. ANUJA PRABHUDESSAI, J.) (S.C. DHARMADHIKARI, J.) Megha 2/2