Ankit Shivbaran Sahu v. The State Of Maharashtra, Thr. Pso, Police Station Hudkeshwar, Kalmeshwar, Nagpur And Another

1 1apeal260.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 260/2022 (Ankit Shivbaran Sahu Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. H. S. Chitaley, Advocate for appellant.

Mr. N. R. Rode, APP for respondent No.1.

Mr. R. M. Daga, Advocate for respondent No. 2. CORAM: VINAY JOSHI AND AVINASH G. GHAROTE, JJ.

DATED : 10/03/2023.

Heard.

2.

This is an appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The proceeding has a history as earlier bail was rejected upto the Supreme Court. We have called status report from the Trial Court which we received. The report indicates that by the time, the prosecution has examined all the witnesses as well as the statement of accused in term of Section 313 of the Code of Criminal Procedure has been recorded. The Trial Court has fixed the matter for final argument on 23.03.2023. 3.

The matter has been made time bound by the Supreme Court. The extended time would expire on 30.06.2023. Appellant expressed that since special prosecutor is appointed, the matter gets delayed. The learned APP would submit that the concerned Special Prosecutor would possibly commence the argument on

2 1apeal260.22 23.03.2023 which is scheduled date. In the circumstances, we do not find any propriety to consider the appeal on merits. The learned counsel appearing for appellant submitted that if the argument would not commence in this month then he may be allowed to revive the prayer for bail before this Court.

4.

In view of above, the appeal stands disposed of. The State to ensure to commence final submissions in this month only. If not, appellant is at liberty to approach this Court for bail.

( AVINASH G. GHAROTE , J.) (VINAY JOSHI, J.) Gohane Digitally signed by JITENDRA BHARAT GOHANE Date:

2023.03.13 14:36:44 +0530 JITENDRA BHARAT GOHANE