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Bombay High CourtAPPLN/203/2023disposed off

Kirti Narandas Shingada v. The State Of Maharashtra And ANR.

2023-10-19Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.203 OF 2023 Kirti Narandas Shingada ..... Applicant

Versus

The State of Maharashtra & Anr.

.... Respondents ----- Mr. J.A. Udaipuri, Advocate a/w. Aditya B. Manubarwala, Mrs. S.P. Trivedi, Sandeep M. Hirvadekar i/b. Bharat T. Manubarwala for the Applicant.

Mr. Arfan Sait, APP for the Respondent-State. Mr. Arvind M. Bhalerao, Advocate a/w. Vikrant Shivdas, Vinit Patil, for the Respondent No.2.

----- CORAM : SARANG V. KOTWAL, J.

DATE : 19th OCTOBER, 2023 P.C. :

1.

After arguing for some time, learned counsel for the Applicant, on instructions, did not press this Application. His only limited prayer is that directions be issued to the Additional Sessions Judge, Dindoshi to decide the Applicant's appeal i.e. Criminal Appeal No.19/2022 on or before 30.11.2023 considering that the Applicant is in custody.

Deshmane(PS)

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2.

Learned counsel for the Respondent No.2 pointed out that even the record and proceedings have not reached the Appellate Court as of today.

3.

Since learned counsel for the Applicant is not pressing this application and is limiting his request for a time-bound decision of the appeal, following order is passed :

:: O R D E R ::

i. Criminal Application is allowed to be withdrawn. ii. Learned Metropolitan Magistrate, 43rd Court, Borivali, Mumbai shall immediately send the record and proceedings in C.C. No.4304096/SS/2014 to the Court of Additional Sessions Judge at Dindoshi who is taking up Criminal Appeal No.19/2022.

iii. Learned Additional Sessions Judge at Dindoshi shall decide said Criminal Appeal No.19/2022 on or before 30th November, 2023. Both the parties shall cooperate for disposal of the appeal within that period.

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iv. The office to communicate this order to the Registrar of the Sessions Court at Dindoshi as well as to learned Metropolitan Magistrate, 43rd Court, Borivali, Mumbai.

v. With these directions, the Application is disposed of.

(SARANG V. KOTWAL, J.) Deshmane (PS)