Xyz v. State Of Mah. Thr. Pso, Ps Gittikhadan Nagpur And Another.

2024:BHC-NAG:4404

(1) 950.appln.684.2024

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.684 OF 2024 IN CRIMINAL APPLICATION (APPLN) NO.79 OF 2023(D) XYZ Vs.

State of Maharashtra and another ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. C. S. Bute, Advocate h/f Mr. R. M. Daga, Advocate for victim. Mr. M. J. Khan, APP for non-applicant No.1/State. Mr. P. K. Sathianathan, Advocate for applicant/non-applicant No.2 CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17 /04/2024 1.

By this application, the applicant/nonapplicant No.2 is seeking time to surrender before the Court.

2.

Criminal Application (APPLN) No.79/2023 was preferred by the victim for cancellation of the bail. Considering the trial Court has not considered the material before the Court and some observations are recorded contrary to the evidence which is collected during the investigation. This Court has cancelled the bail granted to the present applicant/non-applicant No.2. Being aggrieved with the same, the original accused i.e. non-applicant No.2 filed an application before the Hon'ble Apex Court challenging the order.

(2) 950.appln.684.2024 3.

Learned Counsel for the applicant/nonapplicant No.2 submitted that now he has already handed over the material documents to the learned Counsel who is appearing before the Hon'ble Apex Court and the matter has been already filed and Diary number is already given. However, he could not get the circulation of the matter, therefore, three weeks time be extended to surrender before the Court.

4.

The said application is strongly opposed by the State as well as the learned Counsel for the victim. Considering the application is already filed and Diary number is already given, further period of two weeks is extended.

5.

The original accused shall surrender before the Sessions Court within further two weeks from today.

6.

The application is disposed of.

7.

Authenticated copy of this order be supplied to the parties concerned.

(URMILA JOSHI-PHALKE, J.) Sarkate