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Bombay High CourtAPPLN/2636/2016application allowed

Kashinath S/O Nimba Mahale And Other v. The State Of Maharashtra

2016-08-04Hon'Ble Shri Justice A. I. S. Cheema2 pages

Cri.Appeal No.794/2003

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPEAL NO.794 OF 2003 WITH CRIMINAL APPLICATION NO.2636 OF 2016 Kashinath s/o Nimba Mahale & ors.

...

APPELLANTS

VERSUS

The State of Maharashtra ...

RESPONDENT .....

Shri S.B. Bhosale, Advocate holding for Shri S.P. Brahme, Advocate for appellants Shri K.D. Mundhe, A.P.P. for respondent/State .....

CORAM:

A.I.S. CHEEMA, J.

DATED:

4th August, 2016.

ORAL ORDER :

1.

Heard Mr. Bhosale, learned counsel holding for Mr. S.P. Brahme, learned counsel for the appellants. Perused Criminal Application No.2636/2016. Perused order dated 31.3.2016 as well as order dated 16.6.2016. For reasons stated, Criminal Application No.2636/2016 is allowed. The bailable

Cri.Appeal No.794/2003 warrants issued to appellant No.1 Kashinath Nimba Mahale and appellant No.3 Sau. Chindhabai Nimba Mahale are recalled. The same be returned back without execution, unless the warrants are already executed. Hamdast of recalling the warrants for appellant Nos.1 and 3 be handed over to the counsel for these appellants so that the same could be served on the concerned Court/ Police Station.

2.

As regards appellant No.2 Nimba Rama Mahale, it is reported that, he is dead. In order to verify and confirm the fact, the date of returning of bailable warrant issued in the name of appellant No.2 Nimba Rama Mahale is extended till 26th August 2016. Fresh returnable date be informed.

(A.I.S. CHEEMA, J.) fmp/cri794.03