Ashok S/O Balasaheb Kawade v. The State Of Maharashtra And Another

950 Cri. Appln. No. 2212-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2212 OF 2023 IN BA/834/2021 ASHOK S/O BALASAHEB KAWADE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S. S. Thombre APP for Respondent: Mr. D. R. Kale .....

CORAM : S. G. MEHARE, J.

DATE : 03.08.2023 PER COURT :

1.

By this application the applicant prayed to expunge the adverse remarks recorded by this Court in order dated 26.04.2023. The remarks were about the conduct of the applicant. However, the learned counsel for the applicant who was the Special Public Prosecutor appointed by the Government and the President of the Bar Association, would submit that the applicant had no intention to protract the trial. However, he wants to withdraw himself from the said trial and undertakes not to interfere with the said trial any way. Therefore, adverse remarks may be expunged.

2.

The learned Public Prosecutor would submit that till date no

950 Cri. Appln. No. 2212-2023.odt letter is received from the learned Secretary, Law and Judicial, Mantralaya, Mumbai, about withdrawal of his appointment as a Special Public Prosecutor.

3.

Considering the submissions made on behalf of the applicant and since it may be a stigma on his professional life, a lenient view needs to be taken. However, the applicant shall furnish his undertaking before the trial Court that he would not interfere with the trial anyway and would withdraw his vakalatnama. 4.

On the above terms, the adverse remarks recorded against the applicant in the order dated 26th April, 2023 passed in Bail Application No. 834 of 2021 (Dayanand Santrao Ballal Vs State of Maharashtra) stand expunged.

5.

In above terms the application stands disposed of. ( S. G. MEHARE ) JUDGE ysk