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Bombay High CourtAPEAL/1107/2024transfer to other court

Gurunath Laxman Gandi And ORS. v. The State Of Maharashtra

2024-09-20Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Rajesh S. Patil2 pages

40-wp-4199-23 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4199 OF 2023 Gurunath Laxman Gandi & Ors.

..Petitioners

Versus

The State of Maharashtra ..Respondent __________ Mr. Sarang S. Aradhye a/w. Gauri Velankar a/w. Shantanu Gurav a/w. Saarth Chordia for Petitioners.

Mr. Swapnil V. Walve, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 20 SEPTEMBER 2024 PC :

1.

Learned counsel for the petitioners submits that he has challenged the order rejecting his discharge application involving the provisions of the M.P.I.D. Act. Therefore, he seeks permission to convert this criminal writ petition into a Criminal Appeal U/s.11 of the M.P.I.D. Act.

2.

The impugned order is passed on 06.04.2022, therefore, in case it is so converted, the petitioners will have to file an application for condonation of delay.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.09.24 10:22:22 +0530 VINOD BHASKAR GOKHALE

40-wp-4199-23 3.

Learned counsel submits that he will file appropriate application for condonation of delay, as well. 4.

Considering these submissions, learned counsel for the petitioners is permitted to convert this writ petition into a Criminal Appeal with directions to file an application for condonation of delay. The present proceedings and the application for condonation of delay shall be decided on their own merits. The office shall permit the learned counsel to take steps in that behalf. (SARANG V. KOTWAL, J.)