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Bombay High CourtAPPA/891/2017other disposed off

Lally @ Raviraj S/O Suresh Lengare v. The State Of Maharashtra

2019-04-22Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice B.P. Dharmadhikari3 pages

1 of 3 201.APEAL.80.2013.STM.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.80 OF 2013 AND CRIMINAL APPLICATION NO.891 OF 2017 AND CRIMINAL APPLICATION NO.517 OF 2015 AND CRIMINAL APPLICATION NO.1488 OF 2017 AND CRIMINAL APPLICATION NO.1595 OF 2017 Lally @ Raviraj s/o Suresh Lengare Appellant versus The State of Maharashtra Respondent WITH CRIMINAL APPEAL NO.96 OF 2015 Amol Arun Ukarande Appellant versus The State of Maharashtra Respondent WITH CRIMINAL APPEAL NO.294 OF 2017 AND CRIMINAL APPLICATION NO.892 OF 2017 AND CRIMINAL APPLICATION NO.1471 OF 2017 AND CRIMINAL APPLICATION NO.1594 OF 2017 Dada @ Pravin Satish Pawar Appellant versus The State of Maharashtra Respondent WITH CRIMINAL APPEAL NO.425 OF 2013 IN CRIMINAL APPLICATION NO.14 OF 2018 AND CRIMINAL APPLICATION NO.62 OF 2015

2 of 3 201.APEAL.80.2013.STM.doc AND CRIMINAL APPLICATION NO.265 OF 2018 AND CRIMINAL APPLICATION NO.758 OF 2016 AND CRIMINAL APPLICATION NO.962 OF 2018 AND CRIMINAL APPLICATION NO.1343 OF 2017 AND CRIMINAL APPLICATION NO.1447 OF 2017 Ganesh Hanumant Ghuge Appellant versus The State of Maharashtra Respondent Mr.Priyal G. Sarda for applicant in Appeal No.80 of 2013. Mr.Daulat Khamkar for appellant in Appeal No.294/2017. Mrs.M.H.Mhatre, APP, for State.

CORAM :

B.P.DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATE : 22nd April 2019 PC :

1.

Learned counsel for appellants­accused in Criminal Appeal No.80 of 2013 and Criminal Appeal No.294 of 2017 are present. Learned counsel for appellants­accused in other two appeals are not present.

2.

Criminal Application No.517 of 2015 is filed by Advocate Thobde on behalf of one Somnath Aatkar seeking leave to intervene with a prayer to order release of amount of Rs.9,17,490/­ seized in crime in his favour. Advocate Thobde is also not present. 3.

Learned APP appearing for State has invited our attention to the fact that Criminal Application Nos.891 of 2017, 1488 of 2017 and 1595 of 2017 for early hearing and bail are still pending.

3 of 3 201.APEAL.80.2013.STM.doc 4.

Appeals are placed on final hearing board as per orders of this Court dated 2nd April 2019. In this situation, it is apparent that prayers for early hearing or for bail have become infructuous. Accordingly, we dispose off Criminal Application Nos.891 of 2017, 1488 of 2017 and 1595 of 2017.

5.

In Criminal Application No.517 of 2015, leave to be impleaded as party intervenor is also sought by adding a prayer clause in handwriting. As the prayer to release the amount cannot be granted at this stage and needs to be considered at the time of final hearing, we allow Criminal Application No.517 of 2015 and permit intervenor to be added as intervenor­respondent in Criminal Appeal No.80 of 2013. Necessary amendment be carried out forthwith. No separate notice to added intervenor is necessary as he has already engaged an advocate.

6.

We direct the registry to list matters for final hearing in the week commencing from 3rd June 2019.

(PRAKASH D. NAIK, J.) (B.P.DHARMADHIKARI, J.) MST