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Bombay High CourtAPPA/266/2021allowed

Kunal Shivcharan Tayade v. State Of Maharashatra

2021-04-15Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Amit B. Borkar2 pages

1 appa266.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 266 OF 2021 IN CRIMINAL APPEAL NO. 470 OF 2020(D) (KUNAL SHIVCHARAN TAYADE...VS.. STATE OF MAH.THR.PSO PS AKOLA CITY.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri O.A.Siddiqui, Advocate for Applicant.

Shri D.P.Thakre, A.P.P. for Non-applicant/State. CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : APRIL 15, 2021.

Heard.

2.

This is an application filed by the accused/original respondent No.5-Kunal Shivcharan Tayade seeking extension of time to surrender in view of the judgment and order passed by this Court dated 16th February 2021.

3.

The applicant has invited our attention to the order passed by the Apex Court dated 13th April 2021 by which the Apex Court has granted eight weeks' time to the co-accused to surrender before the Authorities. In view of the said order, it is submitted that the co-accused having been granted eight weeks' time to surrender by the Apex Court, similar order be passed in relation to the present application. 4.

Having considered the order dated 13th April 2021 in Criminal Appeal Diary No(s). 9385 of 2021 and the prevailing COVID-19 situation worsening day by day, we are of the opinion that the interests of justice would be met if the present applicant-Kunal Shivcharan Tayade is granted eight weeks' time to surrender from 13th April 2021.

2 appa266.21.odt 5.

We, therefore, pass the following order:

i) The appilcant-Kunal Shivcharan Tayade is granted time till 8th June 2021 to surrender before the Authorities.

ii) In case, the applicant fails to surrender himself till 8th June 2021, the Authorities shall take appropriate steps.

The application stands disposed of in the above terms.

(AMIT B. BORKAR, J.) ( Z.A.HAQ, J.) RRaut..