Mohd. Aazam Mohd. Israil And 2 Others v. State Of Maharashtra Thr. Pso Ps Ashti, Tq. Ashti, Dist. Wardha And Another

901.Cri.Appeal No. 446.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 446/2020 Mohd. Aazam Mohd. Israil and ors. Vs. State of Maharashtra and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. K. Bhoyar, Advocate for Appellants.

Ms. Mayuri Deshmukh, A.P.P. for Respondent No.1/State. CORAM : Z. A. HAQ AND AMIT B. BORKAR, JJ.

DATE :

/12/2020 .

1.

After arguing for sometime, specially on the point that inspite of the direction of this Court, the prosecution has failed to take steps to produce witnesses so that trial can commence, when we showed the disinclination to entertain the point because of the pandemic situation, learned Advocate for the appellants sought permission to withdraw the appeal. He further requested for grant of liberty to move fresh application before the Sessions Court, if the trial does not commence within six months from today.

2.

Ms. Mayuri Deshmukh, learned APP submitted that the trial has not commenced as the witnesses could not be produced because of the pandemic situation.

3.

The appeal is dismissed as withdrawn with liberty to the appellants to move fresh application before the Sessions

901.Cri.Appeal No. 446.20 Court, if the trial does not commence within eight months from today.

JUDGE JUDGE RGurnule