Sakharam Ganpati Raut And Ohters v. The State Of Maharashtra And Others

(1) 7 Appln-3415.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 CRIMINAL APPLICATION NO.3415 OF 2023 IN CRIMINAL APPEAL NO. 569 OF 2001 SAKHARAM GANPATI RAUT AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.P. Katneshwarkar, Advocate for the applicants. Mr. P.M. Kulkarni, A.P.P. for respondent No.1 - State. Mr. K.J. Suryawanshi, Advocate for respondent Nos.2 and 3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

11th September 2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicants, who are the original accused, are seeking recalling of the order dated 28.08.2023 whereby non-bailable warrants were issued against them. However, after issuing the non-bailable warrants to the applicants, the concerned Police Inspector of Kaij Police Station, District Beed submitted a report dated 03.09.2023 contending that accused Nos.1 and 2 are too old, and therefore, he could not produce them under the non-bailable warrants issued against them. The photographs of the physical condition of accused Nos.1 and 2 are also annexed. From the perusal of these photographs, it is clearly evident that these accused are almost bed ridden. As

(2) 7 Appln-3415.2023.odt such, the order of issuance of non-bailable against them stands cancelled.

3.

So far as accused No.3 is concerned, he has been arrested by the concerned Police Station under the nonbailable warrant and then produced before the concerned Court of Additional Sessions Judge and District Judge-2, Ambejogai. He is taken into M.C.R. The learned Counsel for the appellant/accused is ready to work out the matter today itself. As such, the appellant/accused No.3 be released on his execution of P.R. & S.B. of Rs. 15,000/- during the pendency of this appeal.

4.

Bail in lower Court.

5.

Application is accordingly disposed of.

6.

Authenticated copy be supplied to the parties. (SANDIPKUMAR C. MORE, J.) vd_dhirde