Samratsingh S/O Omkarsingh Pardeshi And ANR v. The State Of Maharashtra

criapln6206-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6206 OF 2015 IN CRIMINAL APPEAL NO. 808 OF 2015 (Samratsingh s/o Omkarsingh Pardeshi and another Vs. The State of Maharashtra) ---- Mr. V.J. Dixit, Senior Counsel instructed by Mr. Y.V. Kakade, Advocate for the applicants Mr. R.B. Bagul, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 29/01/2016 ORAL ORDER :

1.

Heard both sides.

2.

Liberty to amend the prayer clause is hereby granted. The amended prayer clauses (a-1) and (a-2), submitted on behalf of the applicants, are accepted on record and marked "X" for the purpose of identification. 3.

During hearing, learned Senior Counsel Mr. V.J. Dixit submits that the attachment over the property may be continued. However, since the substantive appeal is pending, the order to put the properties to auction, passed by the learned Special Judge, be stayed.

criapln6206-2015 4.

Upon hearing both sides, since the substantive appeal of the applicant/appellant against conviction is pending, stay to the extent of putting the properties to auction is hereby granted till the disposal of the criminal appeal.

.

The present application is accordingly partly allowed and disposed of.

5.

As regards criminal application No. 2530/2015, office to note that this court has already passed an order on 5th August, 2015 that the said application would be decided at the time of final hearing of criminal appeal No. 361/2014. In the circumstances, the said application be not placed again for hearing thereon separately.

[M.T. JOSHI] JUDGE npj/criapln6206-2015