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Bombay High CourtAPPLN/3844/2023disposed off

Shaikh Jamil S/O. Shaikh Husain Bagwan v. The State Of Maharashtra And Another

2023-11-07Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2023:BHC-AUG:24193-DB -1- 906-Cri.Appln.4218.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4218 OF 2019 IN APEAL/1248/2019 WITH APPLN/373/2020 IN APEAL/1141/2019 WITH APPLN/3844/2023 IN APEAL/1141/2019 WITH APEAL/1141/2019 WITH APEAL/1248/2019 SHAIKH TAYYAB SHAIKH BABULAL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER . . .

Advocate for Applicants : Mr. Devang R. Deshmukh Advocate for Applicant in APPLN/3844/2023 : Mr. S. J. Salunke APP for Respondent - State : Mr. S. D. Ghayal . . .

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATED : 07th NOVEMBER, 2023 PER COURT :

1.

Learned Advocate Mr. Salunke for the applicant in Criminal Application No.3844 of 2023 seeks leave to delete paragraph no.4 from the application.

2.

Amendment to be carried out immediately.

3.

Applicant is original accused no.3, who has changed his Advocate and therefore, as per the new Advocate, he wants to >le separate appeal. Criminal Appeal No.1141 of 2019, in which he is appellant no.2 is already admitted and therefore, in view of the

-2- 906-Cri.Appln.4218.2019 Rule 2 of Chapter XXXII of the Bombay High Court Appellate Side Rules, 1960, he is permitted to >le separate appeal. 4.

Criminal Application No.3844 of 2023 is accordingly disposed of.

5.

Returnable date for the notice issued to respondent no.2 is extended till 14.12.2023.

(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.) Tandale