Prasad Ramesh Fulpagar And ORS v. The State Of Maharashtra And ANR

apl-1265.16.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1265 OF 2016 Prasad Ramesh Fulpagar and Ors.

... Applicants Vs.

The State of Maharashtra and Anr.

... Respondents Mr. Pritesh K. Bohade for the Applicants.

Mrs. S.V. Sonawane, APP for the Respondent No.1. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 21st MARCH, 2017 P.C.

Heard the learned counsel appearing for the applicants and the learned APP for the State. A strong prima facie case is made out. Hence, we issue Rule. Rule on interim relief is made returnable on 21st April, 2017. In addition to service through Court, Advocate for the applicants to serve private notice to the Respondent No.2 and file an affidavit of service one week before the returnable date. If such an affidavit is not filed, the application shall stand dismissed for nonprosecution without further reference to the Court. On the prayer made by the learned counsel appearing for the applicants, we permit amendment of the prayer for interim relief.

apl-1265.16.odt Amendment to be carried out within a period of one week from the date on which this order is uploaded. By way of ad-interim relief, we direct that there will be stay of the proceedings of Special Case No.7 of 2016. The benefit of the stay will be available only to the applicants in this application.

(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)