Farukh Ahmad Shaikh v. State Of Maharashtra

501. IA 3660-2023.doc by RUPALI RAJESH WAKODIKAR Date:

2023.12.05 17:50:25 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3660 OF 2023 IN CRIMINAL APPEAL NO. 816 OF 2021 Farukh Ahmad Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Aditya Raktade a/w Mr. Santosh Kamble and Mr. Anup Kamble, for the Applicant.

Mrs. P.P.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 1 st DECEMBER, 2023 P.C. :

Not on board. Taken on board.

1.

A praecipe has been filed by the learned Counsel for the applicant for speaking to the minutes of the order dated 20th October, 2023.

2.

Learned Counsel for the applicant states that paragraph No.5 has been wrongly reproduced from the order passed in Criminal Wakodikar 1/2

501. IA 3660-2023.doc Interim Application no. 3426 of 2023. He submits that in place of the said paragraph No.5, the following paragraph be replaced. 3.

Accordingly, the said paragraph No.5 be deleted from the aforesaid order and the following paragraph be added in it's place. "5. P.W.-1 to P.W.5 has not identified the applicant in the TIP which was conducted, and no specific overt act has been attributed to the applicant. During the course of trial, P.W.-1 to P.W.5 (except P.W.4) have identified the applicant, in Court, however, again no specific overt act has been attributed to the applicant. As far as P.W.4 - Omkar Ghorpade is concerned, he has resiled from his statement. So far P.W.6 - Amit Hegade is concerned, he has stated that the applicant was present in a settlement meeting which took place at Kotitirth Lake at 7.30 p.m.on 31st January, 2014."

4.

The above corrections be carried out in the aforesaid order and the order be reuploaded.

5.

All concerned to act on the authenticated copy of this order.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

Wakodikar 2/2