Vithal Shankar Borude And Another v. The State Of Maharashtra

2025:BHC-AUG:37209 1 906.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4768 OF 2025

1. VITHAL SHANKAR BORUDE

2. AMOL MADAN BHAVAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Kulkarni Dattatray K. APP for Respondent : Mr. D.B. Bhange ...

CORAM : ABHAY J. MANTRI, J.

DATE : 23RD DECEMBER, 2025 PER COURT :

1.

After hearing the learned Advocate for the applicants, when this Court was not inclined to interfere with the impugned orders, at that time, the learned Advocate for the applicants, on instructions, sought leave to withdraw the application with liberty to permit the accused persons to cross-examine P.W. 1 - Bhagwan Jadhav. For which, the learned APP has no objection.

2.

His statement is accepted. Leave is granted as prayed. 3.

In view of the statement, the application is dismissed as withdrawn.

2 906.odt 4.

Needless to clarify that the learned Magistrate shall decide the application exhibited 53, pending before it as early as possible and permit the accused/applicants to conduct the cross-examination of P.W. 1 - Bhagwan Jadhav in accordance with the law. If they are not permitted to conduct the cross-examination, it would indeed affect the rights of the accused persons.

( ABHAY J. MANTRI, J. ) SPC