Digvijay Shahaji Ghodake v. The State Of Maharashtra And ANR
Digitally signed by SHAGUFTA Q PATHAN Date:
2022.04.11 16:22:35 +0530 SHAGUFTA Q PATHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.73 OF 2022 Deepak Rangrao Ghodake CRIMINAL APPLICATION NO.64 OF 2022 Sourabh Shahaji Ghodake CRIMINAL APPLICATION NO.65 OF 2022 Shahaji Rangrao Ghodake CRIMINAL APPLICATION NO.66 OF 2022 Poonam Shahaji Ghodake CRIMINAL APPLICATION NO.67 OF 2022 Sangita Deepak Ghodake 1/5
CRIMINAL APPLICATION NO.68 OF 2022 Sahil Deepak Ghodake CRIMINAL APPLICATION NO.69 OF 2022 Digvijay Shahaji Ghodake CRIMINAL APPLICATION NO.70 OF 2022 Suchitra Sanjay Ghodake CRIMINAL APPLICATION NO.71 OF 2022 Sanjay Rangrao Ghodake CRIMINAL APPLICATION NO.72 OF 2022 Sunita Shahajirao Ghodake 2/5
CRIMINAL APPLICATION NO.75 OF 2022 Samruddha Deepak Ghodake CRIMINAL APPLICATION NO.76 OF 2022 Jyoti Shahaji Ghodake Mr. Anand S. Patil for the Applicant Mr. H. J. Dedhia, A.P.P for the Respondent No.1-State Mr. Omar Khaiyam Shaikh a/w Mr. Vikas Salvi i/b Vikas Salvi & Associates for the Respondent No. 2 in APPLN/73/2022 CORAM : REVATI MOHITE DERE, J.
THURSDAY, 7 th APRIL 2022 P.C. :
Learned counsel for the applicants does not press the applications and seeks leave to withdraw all the applications. He, however, submits that in view of the judgment of the Apex Court in the case of 3/5
Bhaskar Industries Ltd. vs. Bhiwani Denim & Apparels Ltd. & Ors.1, in particular, paras 14 and 15, the applicants be permitted to file appropriate applications in the trial Court. He states that the advocates of the applicant will co-operate in the conduct of the trial and will not seek any adjournments and as such, the presence of the applicants can be dispensed with by the trial Court.
Mr. Shaikh appearing for the respondent No. 2 in Criminal Application No. 73/2022, on instructions, states that the respondent No. 2 in all the aforesaid applications, will not insist on the presence of the applicants, provided, they comply with the mandate laid down by the Supreme Court in Bhaskar Industries Ltd. (Supra), which was followed in the case of Puneet Dalmia vs. Central Bureau of Investigation, Hyderabad2 and the applicants' advocate co-operate in the conduct of the case and do not seek adjournments. Statement accepted. (2001) 7 SCC 401 (2020) 12 SCC 695 4/5
Accordingly, the applicants are at liberty to file appropriate applications in the trial Court, for exemption, having regard to the aforesaid judgments. If such applications are filed, the trial Court to consider the same, having regard to what is stated aforesaid. Accordingly, all applications are allowed to be withdrawn and are disposed of in the aforesaid terms.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
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