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Bombay High CourtAPL/422/2018dismissed

Sunil S/O Bhalchandra Shinde v. State Of Mah. Through Police Station Incharge, P.S. Sadar, Nagpur And Others

2018-09-03Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0309apl422.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.422/2018 Sunil s/o Bhalchandra Shinde ...Versus...

State of Maharashtra, through Police Station Incharge, Police Station Sadar, Nagpur and others WITH CRIMINAL APPLICATION (APL) NO.655/2017 Gurudas s/o Sahadeorao Mandaokar ...Versus...

Stat of Maharashtra, through Police Station In-charge, Sadar Police Station, Nagpur and others WITH CRIMINAL APPLICATION (APL) NO.42/2018 Gurudas s/o Sahadeorao Mandaokar ...Versus...

Stat of Maharashtra, through Police Station In-charge, Sadar Police Station, Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P. Dharmadhikari, Sr. Counsel with Shri C.S. Dharmadhikari, Counsel for applicant in all applications Shri M.J. Khan, APP for respondents - State in all applications CORAM : R.K. DESHPANDE AND ARUN D. UPADHYE, JJ.

DATE : 03/09/2018 We have heard Shri S.P. Dharmadhikari, the learned Senior Counsel assisted by Shri C.S. Dharmadhikari, the learned Counsel for the applicant in all the applications.

0309apl422.18.odt It is informed to us by him that as per the directions issued in the Public Interest Litigation, the entire prosecution is to be completed within a period of three months. The charge-sheet has already been filed except in Criminal Application (APL) No.42/2018.

After hearing for quite some time, we think that this is a case where the parties could be relegated back for the decision on the application for discharge. In the facts and circumstances of this case, we find it appropriate to exempt the applicant from his personal appearance before the Court until and unless his presence so required and directed by the Court.

The criminal applications are dismissed. All questions are left open.

(Arun D. Upadhye, J.) (R.K. Deshpande, J.) Wadkar P.S.

Digitally signed by Shailendra Sukhadeorao Wadkar Date:

2018.09.04 11:01:13 +0530 Shailendra Sukhadeorao Wadkar