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Bombay High CourtAPPLN/329/2017application allowed

Smt. Rajani Vishram Patil. v. The Central Bereau Of Investigation And ORS.

2017-01-20Hon'Ble Shri Justice T.V. Nalawade2 pages

915_APPLN32917.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 329 OF 2017 IN REVN/166/2014 WITH REVN/166/2014 WITH APPLN/330/17 IN REVN165/14 WITH REVN165/14 Rajani Vishram Patil ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.J. Salunke, Advocate for applicant in applications. Mr. L.V. Sangeet, Advocate for applicant in REVN 166/14. Mr. G.D. Jain, Advocate h/f Mr. A.D. Ostwal, Advocate for applicant in REVN 165/14.

Ms. S.S. Raut, A.P.P. for Respondent No.1 - State. ....

CORAM : T.V. NALAWADE, J.

DATED : 20th JANUARY, 2017 ORDER :

1.

Mr. Jain, learned Counsel holding for Mr. Ostwal, learned Counsel for applicant in Criminal Revision Application No. 165 of 2016 submits that Mr. Ostwal has filed leave note. This Court has stayed the order made by the Sessions Court, Jalgaon. Stand over to 07th February, 2017. If on that date learned Counsels for petitioners do not turn up, the matters will be dismissed.

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915_APPLN32917.odt 2.

Mr. Jain, learned Counsel holding for Mr. Ostwal submits that rule is made by this Court and so there is no urgency. Such submission is not just surprising but shocking. This Court has virtually stayed the prosecution and it can be said that by making such submission, learned Counsel is trying to protracting the hearing of the case itself against him. Such submissions cannot be accepted and such matters need to be expeditiously disposed of.

3.

Mr. Sangeet, learned Counsel for applicant in Criminal Revision Application No. 166 of 2014 submits that his party is engaging Mr. Dixit, Senior Counsel. He specifically requests for adjournment to 07th February, 2017. So by way of last chance, stand over to 07th February, 2017. On that date no excuse will be heard. If on that date Senior Counsel is not available, other alternate arrangement needs to be made. Applications filed for early hearing are allowed and disposed of.

4.

Mr. Salunke, learned Counsel submitted that the record is already called in Criminal Appeal No. 75 of 2015. Registrar (Judicial) is to see that entire record of the said Criminal Appeal alongwith record of Trial Court is kept for consideration of present matter on the next date. ( T.V. NALAWADE, J. ) SSD 2 / 2