Sanjay S/O. Mohan Thakre v. State Of Maharashtra Thr. P.S. House Officer Lakhani,

(1) 24.cri.appeal.133.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 133 OF 2019 Sanjay s/o Mohan Thakre Vs.

State of Maharashtra through PS Lakhani Dist Bhandara and another --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. U. K. Bisen, Advocate for appellant.

Mr. S. M. Ghodeswar, APP for respondent no.1/State. CORAM :

AVINASH G. GHAROTE, J.

DATE : 04/07/2022 1.

The appeal has been admitted by the order dated 21.2.2019 and the liberty of the appellant has been protected during the pendency of the appeal. 2.

Mr. Bisen, learned counsel for the appellant submits that the trial has commenced in the matters as they are now fixed for evidence and therefore, he submits that the appeal be allowed by continuation of the interim order during the pendency of the appeal before the learned Sessions Court.

3.

Mr. Ghodeswar, learned APP for respondent no.1/State opposes the same. None appears for the respondent no.2, though the Farad Sheet dated 10.6.2022 indicates that the respondent no.2 has been served. Considering the fact that the present appeal is of the year 2019 and the order dated 21.2.2019 grants interim protection to the appellant and the fact that the trial has been commenced, it would be appropriate if the

(2) 24.cri.appeal.133.2019 appeal is disposed of by continuing the interim order dated 21.2.2019, protecting the appellant during the pendency of the trial.

4.

The appeal is therefore allowed.

5.

The interim order dated 21.2.2019 is continued during the pendency of the appeal before the learned Sessions Court.

JUDGE Sarkate SARKATE 19:14