Gangaprasad Pandurang Gawali v. The State Of Maharashtra And Another
911Crim.appln465-24.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 911 CRIMINAL APPLICATION NO. 192 OF 2024 WITH CRIMINAL APPLICATION NO. 465 OF 2024 IN APPLN/192/2024 ANANDA VITHOBA GAWALI
VERSUS
THE STATE OF MAHARASHTRA ...
Mr. Govind R. Ingole, Advocate for Applicant Mr. V. M. Chate, APP for Respondent-State CORAM : Y. G. KHOBRAGADE, J.
DATE : 18.12.2024 PER COURT :- 1.
Heard, the learned counsel appearing for the respective parties at length.
2.
By the present Application under Section 301(2) of the Criminal Procedure Code the Applicant/Informant prayed for permission to assist the prosecution to bring true facts on record and to resist the Application for Bail.
3.
Though the copy of Application was served upon the non-applicant No.2 but till date no reply has been filed. Therefore,
(( 2 )) 911Crim.appln465-24 considering the right of victim/complainant to assist the prosecution contemplated under Section 301(2) of the Criminal Procedure Code, the Criminal Application No.465 of 2024 is allowed. 4.
The Applicant/Informant is permitted to assist the prosecution.
5.
On perusal of record it appears that the Applicant/Accused has filed Criminal Application No.192 of 2024 and prayed for releasing on Bail in Crime No.99 of 2023 registered with Ardhapur Police Station Dist. Nanded for the offences punishable under Sections 307, 326, 325, 323, 504, 506 read with 34 of Indian Penal Code.
6.
Needless to say that on 04.05.2023, the present Applicant accused was released on Bail vide order dated 04.05.2023 passed in Criminal Bail Application No.219 of 2023 in connection with Crime No.99 of 2023. However, on 15.12.2023, the learned Additional Sessions Judge, Nanded cancelled the said Bail. Being aggrieved by the said order the present Application has been instituted. On 25.01.2024 this Court (Coram: N. B. Suryawanshi, J.) passed the order and released the Applicant/Accused on interim Bail.
(( 3 )) 911Crim.appln465-24 7.
As per circular dated 08.02.2024, the matter is required to be considered by the same Court who has granted the interim Bail. The office to verify and place the matter before the same Judge. 7.
Stand over to 10.01.2025.
[ Y. G. KHOBRAGADE, J. ] HRJadhav