Rajendra Sitaram Dhamal And Another v. State Of Maharashtra, Through P.S.O. P.S. Shegaon, Buldhana And Another

0204apl52.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.52 OF 2016 (Rajendra Sitaram Dhamal and another vs. State of Maharashtra and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri R.D. Wakode, Advocate for applicants.

Ms. P.D. Rane, Additional Public Prosecutor for respondent no.1.

--------- CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATED : APRIL 2, 2016 Heard for sometime.

Effort of learned Counsel for applicants is to demonstrate the mischievous and vindictive attitude of respondent no.2. He points out that not only in the case of present applicants, but also against others, same tendency has been exhibited.

The learned Additional Public Prosecutor appearing on behalf of respondent no.1 points out that both applicants have already secured bail and now charge-sheet has been presented.

In this situation, we are not inclined to go into merits of the argument of learned Counsel for applicants. However, applicants can move an

0204apl52.16 2/2 application seeking discharge before trial Court and also seek exemption from personal appearance till such discharge application is decided. All these instances can be pressed into service by them before trial Court and trial Court is duty-bound to look into same while considering request for grant of exemption from personal appearance and also for discharge. Hence, with liberty to applicants to move appropriate applications on above lines or such other application as they may be advised, we dispose of the criminal application.

JUDGE JUDGE khj