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Bombay High CourtAPPA/258/2019allowed

The State Of Maharashtra Thr. Dy. S.P. (A.C.B.)Chandrapur v. Varunkumar S/O. Janardhan Sahare

2019-06-27Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 appa258.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO.258 OF 2019 IN CRIMINAL APPEAL NO. OF 2019 (The State of Maharashtra, through Dy.S.P.(ACB), Chandrapur ..vs.. Varunkumar s/o Janardhan Sahare and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.A. Lokhande, Addl.P.P. for the appellant-State, Shri P.S. Khubalkar, Counsel for respondent 1, Shri M.B. Naidu, Counsel for respondent 2.

CORAM : ROHIT B. DEO, J.

DATED : 27-06-2019 This application is taken out by the State for condonation of 97 days delay in preferring the appeal against the judgment of acquittal for offence punishable under the provisions of the Prevention of Corruption Act. 2.

Although Shri P.S. Khubalkar, learned Counsel strongly objects to the condonation of delay, for reasons stated in the application, particularly in paragraphs 2 and 3 thereof, the delay is condoned.

3.

The application is allowed.

4.

Appeal be registered.

Criminal Appeal No. /2019.

I have heard this appeal at considerable length on 26-6-2019.

2 appa258.19 2.

I have heard Shri C.A. Lokhande, learned Additional Public Prosecutor for the appellant-State, Shri P.S. Khubalkar, learned Counsel for respondent 1 and Shri M.B. Naidu, learned Counsel for respondent 2. 3.

However, today a statement is made that the revision preferred by the complainant is pending. 4.

If the State does not ensure that appropriate orders are sought from the Hon'ble Administrative Judge for assigning both criminal appeal and the criminal revision to one Bench, this appeal shall be heard on merits.

5.

Stand over to 11-7-2019.

JUDGE adgokar