Bhagwan Ramrao Sarse And ANR v. The State Of Maharashtra And ANR

2025:BHC-AUG:26516-DB 903-appln-2748-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO.2748 OF 2019 BHAGWAN RAMRAO SARSE AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate h/f Mr. P. S. Kochar, Advocate for Applicants. Mr. S. A. Gaikwad, APP for Respondent No.1/State. Mr. S. C. Bora, Advocate for Respondent No.2. ...

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE : 24 SEPTEMBER 2025 ORDER :

.

Learned Advocate holding for Mr. P. S. Kochar for the applicants seeks accommodation for carrying out the amendment in view of filing of the charge-sheet.

2.

Learned APP submits that the charge-sheet came to be filed on 30.09.2019 and then it was committed to the Court of Sessions on 10.02.2020. The first date of hearing was 24.02.2020. The roznama i.e. case history taken from the website shows that from 24.02.2020 till 15.02.2022 on several dates, the adjournment has been sought on behalf of the applicants for furnishing surety. Thereafter, the matter was for charge and it appears that till today the stage of Section 227 has not [1]

903-appln-2748-2019.odt been complied with and it also appears that Non Bailable Warrant was issued against accused No.1 on 08.05.2025. That means, the applicants though remained absent before the trial Court having knowledge about the filing of the charge-sheet never prayed for amendment. This matter was not even got for circulation after 22.02.2021 and even when the first order was passed by this Court on 16.03.2020 though the charge-sheet was filed, no statement to that effect was made on behalf of the applicants. In our considered view, this is a dead wood, as the applicants do not want to pursue the matter either before this Court or before the trial Court and, therefore, this is not a fit case where we should exercise our powers under Section 482 of the Code of Criminal Procedure.

3.

The application stands rejected.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]