Narayan S/O Govindrao Band v. State Of Mah., Thr. Pso Ps Civil Lines Dist Akola And Another

apeal703.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO.703/2019 Narayan s/o Govindrao Band .vs. State of Maharashtra through PSO P.S. Civil Liines, Akola and anr.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. S. R. Kadam, Advocate for appellant.

Mr. S. M. Ghodeswar, A.P.P. for respondent-State. Respondent no.2, present in person.

CORAM : V. M. DESHPANDE, J.

DATED : DECEMBER 10, 2019 Heard Mr. Kadam, learned counsel for appellant and Mr. Ghodeswar, learned A.P.P. for respondent no.1State. Respondent no.2 is personally present and she has filed reply, which is taken on record.

Mr. Ghodeswar, learned A.P.P. submits that charge-sheet is already filed by the investigating agency. Mr. Kadam, learned counsel for appellant submits that since the application for bail was not considered by the Court below in the light of the charge-sheet, he wishes to withdraw the present appeal with liberty to file bail application, afresh before the Court below.

The appeal is allowed to be withdrawn with liberty to the appellant to file bail application afresh before the Court below in view of change in the circumstance i.e. filing of the charge-sheet. It is expected from the learned

apeal703.19.odt Judge of the Court below, before whom the application will be filed, to decide the application, in accordance with law. It is made clear that the present appeal is not heard on its own merit.

The appeal is disposed of.

JUDGE kahale