Kalyan Bansidharrao Renge v. State Of Maharashtra And ORS

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2024.07.08 12:12:40 +0530 RUSHIKESH VISHNU PATIL 1/2 25 WP.965.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.965 OF 2024 Kalyan Bansidharrao Renge ..

Petitioner

Versus

The State of Maharashtra and Ors.

..

Respondents ...

Mr. Sanjeev Kadam i/b Mr. Prabhanjan Gujar, for the Petitioner.

Mr. D. J. Haldankar, APP, for the Respondent - State. ...

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 3rd JULY, 2024 P.C:- 1.

The learned counsel, Mr. Kadam has invited our attention to a reference order passed by the Division Bench of this Court at Nagpur in Vijay Pralhad Varankar V/s. The Divisional Commissioner, Amravati Division, Amravati and Anr. on 23.08.2018, and according to him, since the law as laid down by the Apex Court in the case of Asfaq V/s State of Rajasthan1 did not consider the earlier decision of the Apex Court in State of Haryana and Anr. V/s Jay Singh2 the reference was necessitated.

We would like to hear Mr. Kadam on this aspect, as

1. 2017 (15) SCC 55

2. AIR 2003 SC 1696 R.V.Patil

2/2 25 WP.965.2024.odt we are of the opinion that, in any case the authoritative pronouncement from the Apex Court would bind us, and the decision which has not considered the pronouncement of the Apex Court must pass sub-silentio, as we would be bound by the Apex Court decision.

Re-notify to 11.07.2024.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) R.V.Patil