Akash S/O. Dilip Waghade v. The State Of Maharashtra Through Pso, Ps Bela Dist. Nagpur And Another.

2023:BHC-NAG:17422 1 appa 1264.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (APPA) No. 1264 of 2023 in Criminal Appeal St.

No.

of 20 [Akash S/o Dilip Waghade (in jail) ..vs.. The State of Maharashtra thr. P.S.O., P.S. Bela, Dist. Nagpur and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. A. Choube, Advocate for the applicant/appellant Mrs. K. H. Bhondge, APP for the State CORAM : ANIL L. PANSARE J .

DATED : 20-12 -202 For the reasons set out in the application, delay of 6 days stands condoned.

The appeal be registered.

Criminal Appeal No. of 2023 Name of respondent no. 2 shall be deleted in terms of order passed by this Court dated 10-11-2023 in in Criminal Appeal (ST) No. 8953/2023.

Heard.

Admit.

Learned Additional Public Prosecutor waives notice for the State/respondent no. 1.

Criminal Application (APPA) St. No. 9752 of 2023 Issue notice, returnable in three weeks.

Learned Additional Public Prosecutor waives notice for the State/respondent no. 1.

2 appa 1264.2023.odt Issue notice of appraisal of pendency of application seeking suspension of sentence to the child's family through Police Station, Bela, District Nagpur in terms of the directions issued by the Division Bench of this Court, at Bombay, in the case of Arjun Kishanrao Malge V/s State of Maharashtra and others [MANU/MH/1024/2021].

The concerned Police Officer shall only apprise the child's family of pendency of the appeal and application seeking suspension of sentence before this Court, as envisaged in the aforesaid judgment. It should be thereafter left to the desire of the child's family whether to appear before the Court or not. In other words, the concerned Police official shall not insist for presence of child or child's family before this Court. An intimation be given to the child's family accordingly and a report of compliance be filed before the returnable date.

(Anil L. Pansare, J.) wasnik