Gajanan Santosh Bokse v. State Of Mah. Thr. Pso Amdapur Tal. Chikhali Dist.Buldhana And Another

apeal296.22.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.

(Gajanan Santosh Bokse Vs. The State of Maharashtra thr. PSO PS Amdapur, Tah. Chikhali, Dist. Buldhana and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. Anubhav Mardikar, Advocate for the Appellant. CORAM: AVINASH G. GHAROTE, J.

DATE:

th JUNE, 2022 .

Heard Mr. Mardikar, learned Counsel for the appellant.

Admit. Call R & P.

Mrs. M. H. Deshmukh, learned APP waives service of notice for respondent no.1/State.

Issue fresh notice to the respondent no.2 on merits.

CRIMINAL APPLICATION (APPA) NO.360/2022:

This application has been filed for suspension of sentence. By an interim order dated 10.6.2022 the sentence has already been suspended and the applicant has been enlarged on bail.

Considering the contention that there is delay of 24 hrs. in filing of the complaint, there are no eyewitnesses and there is contradiction in the evidence of PW-2 Police Patil, though the application is opposed by the learned APP,

apeal296.22.O.odt with the assistance of Ms. Sapkal learned appointed counsel for the respondent no.2, the criminal application is allowed on the same terms, as contained in the order dated 10.06.2022.

JUDGE NSN SHIVNARAYAN NIKHARE