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Bombay High CourtAPPA/499/2016others disposed off

Dinesh Shivprasad Tiwari And Another v. State Of Maharashtra, Thr. P.S. Channi, Akola

2016-08-11Hon'Ble Shri Justice Sunil B. Shukre3 pages

1 1108apeal296.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 499 OF 2016 IN CRIMINAL APPEAL NO. 296 OF 2016 (Dinesh Shivprasad Tiwari & another Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. V. Amle, Advocate for the appellants. Shri R. S. Nayak, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : AUGUST 11, 2016 Heard learned Counsel for the applicants/ appellants and the learned A.P.P. for the State. Learned Counsel for the applicants does not press this application filed on behalf of applicant No.1 for the present and seeks leave to withdraw the same with liberty to file fresh application in due course of time. He also submits that he would, however, press the application filed on behalf of applicant No.2, who is original accused No.2. Accordingly, this application has been heard.

Applicant No.2, original accused No.2, is senior citizen and he was on bail during the course of the trial. Therefore, I am of the view that this application, insofar as applicant No.2 is concerned, deserves to be allowed. Hence, the order.:

The application of applicant No.1 (original

2 1108apeal296.16 accused No.1) is permitted to be withdrawn with liberty to file fresh application in due course of time. The application of applicant No.2 (original accused No.2) is allowed. The substantive sentences of imprisonments are suspended till final disposal of this appeal and till that time this applicant No.2 shall be released on bail on his furnishing a P. R. Bond in the sum of Rs.15,000/- with one solvent surety in the like amount on the condition that he shall personally remain present before this Court, if required. The application is accordingly disposed of.

JUDGE wwl

3 1108apeal296.16 CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : W. W. Lichade Uploaded on : 11/8/2016