Sham S/O Ambulal Jaiswal v. State Of Maharashtra

1 appa178.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO.178 OF 2018 IN CRIMINAL APPEAL NO.2252003 (Sham s/o Ambulal Jaiswal ..vs.. State of Maharashtra, through PSO, PS City Kotwali, Akola) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.R. Tekade, Counsel for the applicant, Shri N.H. Joshi, Addl.P.P. for the respondent. CORAM : ROHIT B. DEO, J.

DATED : 05-03-2018 The applicant-accused is convicted for offence punishable under Section 304 Part-II of the Indian Penal Code.

2.

This Court by the judgment and order was pleased to dismiss the appeal after scrutinizing the record.

3.

The said order was assailed in Special Leave to Appeal (Criminal) 10344-10345/2017 which is disposed of by the Hon'ble Apex Court by the order dated 12-22018. This Court is directed to hear the appeal afresh. 4.

In the interregnum, after the dismissal of the appeal by this Court and before approaching the Hon'ble Apex Court, the applicant-accused surrendered to custody. In view of the direction of the Hon'ble Apex

2 appa178.18 Court to decide the appeal afresh after hearing the applicant-accused, the application for grant of bail will have to be allowed.

5.

Criminal Application 178/2018 is allowed.

6.

The applicant-accused to furnish fresh bail.

7.

The applicant-accused to execute P.R. Bond of Rs.25,000/- before the learned trial Court.

8.

The applicant-accused is released on bail in the afore stated terms.

JUDGE adgokar