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Bombay High CourtAPPLN/571/2010partly allowed

Krishna S/O Ganpat Diware And ANR v. The State Of Mah. Thr. P.S.O. Koradi P.S. And ANR

2015-02-02Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application No.571/2010 Krishna Ganpat Diware and another Vs. State of Mah. and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders.

Orders.

Shri Katekar, Advocate for the applicants.

Ms. Udeshi, APP for the respondent no.1.

Mr. Sirpurkar, Advocate for the respondent no.2. CORAM : A.B.Chaudhari & P.N.Deshmukh, JJ DATE : 2nd February, 2015.

Heard the learned counsel for the rival parties. The learned APP informs us that the charge-sheet has been filed in the Special Court and the next date before the Special Court is 6th February, 2015.

In view of the fact that charge-sheet has been filed and the next date is in the near future, we think it would be appropriate for the applicants to approach the Special Court and apply for their discharge if according to them, no case is made out by the prosecution. We find that on 6.4.2010 the applicants were released on anticipatory bail and therefore, the said order deserves to be confirmed. In that view of the matter, Criminal Application No.571/2010

is partly allowed.

The applicants are given liberty to apply for their discharge or take such steps as available in law in view of the filing of the charge-sheet in the Special Court.

The order dated 06.04.2010 granting anticipatory bail is confirmed till the conclusion of the trial.

JUDGE JUDGE Ambulkar