Santosh Sakharam Mohite v. The State Of Maharashtra And Another

criappeal 383.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 CRIMINAL APPEAL NO.383 OF 2021 SANTOSH SAKHARAM MOHITE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Appellant : Mr Ghanekar Nilesh S. APP for Respondents : Mr. R D Sanap ...

CORAM : V.K. JADHAV & SHRIKANT D. KULKARNI, JJ. Dated : August 30, 2021 ...

PER COURT :- 1.

We have heard the learned counsel for the appellant for some time.

2.

In terms of the provisions of Section 14-A of the Schedule Castes and Scheduled Tribes (Prevention of the Atrocities) Act, 1989, (for short as 'the Act of 1989') the appeal can be preferred against the order which is not interlocutory in nature. In the instant case, during the course of hearing of the appeal, the appellant has filed an application for production of the 'video clip' and also filed a separate application for playing the said 'video clip' in the Court before hearing the bail application on merits. Though, the learned Judge of the aaa/-

criappeal 383.2021.odt Special Court has allowed the application for production, however, refused to allow the application requesting the Court to play the 'video clip' before deciding the bail application on merits.

3.

It appears that the same being an interlocutory order, no appeal, as contemplated under section 14-A of the Act of 1989, can be preferred. The learned counsel for the appellant has also not disputed this legal position.

4.

Learned counsel for the appellant, thus, on instructions, seeks leave to withdraw this criminal appeal.

5.

Leave granted.

6.

Criminal appeal is disposed off as withdrawn. ( SHRIKANT D. KULKARNI, J. ) ( V.K. JADHAV, J. ) ...

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