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Bombay High CourtAPEAL/235/2019dismissed

Jethanand S/O Sureshkumar Narayani v. State Of Mah, Thr P.So. P.S. Rana Pratap Nagar, Nagpur

2019-08-23Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

2308apeal235.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL (APEAL) NO. 235 OF 2019 (Jethanand s/o Sureshkumar Narayani vs. The State of Maharashtra thr. PSO, PS Rana Pratap Nagar, Nagpur & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri C.A. Lokhande, APP for respondent No. 1. Mrs. S.P. Kulkarni, Advocate (appointed) for respondent No. 2.

.....

CORAM : P.N. DESHMUKH & PUSHPA V. GANEDIWALA, JJ.

AUGUST 23, 2019.

On the earlier date, time was granted on the request of the learned counsel for the appellant to obtain instructions whether to file subsequent application before the Trial Court in view of the fact of filing of charge sheet. However, none is present for the appellant.

Ms. A.P. Gupta, Advocate h/f Shri J.M.

Gandhi, learned counsel for the appellant is now present and submits that liberty be granted in favour of the appellant to file fresh application before the trial Court since charge sheet is filed and further submits that pending application before the trial Court, appellant was protected from arrest, which protection was further continued by this Court which

2308apeal235.19 be thus further continued for appellant to take steps by filing appropriate proceedings before the trial Court.

In the circumstances, leave as prayed is allowed. Criminal Appeal is disposed of as dismissed as allowed to be withdrawn with liberty as prayed for.

The learned counsel for the appellant makes a statement that necessary application can be filed before the Court within two weeks. In the circumstances and since interim protection was in force till date, same is further extended till 10.09.2019.

JUDGE JUDGE *GS.