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Bombay High CourtREVN/363/2024disposed off

Sambhaji Bhagwan Bade v. State Of Maharashtra At The Instance Of Senior Inspector Of Police, Pen Police Station

2024-09-11Hon'Ble Shri Justice S. M. Modak2 pages

1 REVN 363 of 2024 (CR).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CR. REVISION APPLICATION NO. 363 OF 2024 Sambhaji Bhagwan Bade ... Applicant vs.

State of Maharashtra at the Instance of Senior Inspector of Police, Pen Police Station.

... Respondent ***** Mr. Vikrant Khare a/w. Mr.

Siddharth Gharat, Mr. Pratik Sabrad and Mr. Sarvesh Deshpande :- Advocates for Appellant.

Mr. H. J. Dedhia :- APP for Respondent-State.

***** CORAM : S. M. MODAK, J.

DATE : 11th SEPTEMBER 2024 P. C. :- 1.

Learned APP placed reliance on observations in Nar Singh vs. State of Haryana1 whereas learned Advocate Mr. Khare also relied upon paragraph No. 30 of the judgment. Additionally he relied upon observations in Raj Kumar vs. State2 and the principles referred in paragraph No. 16.

Criminal Appeal No. 2388 of 2014 decided on 11th November 2014. Criminal Appeal No. 1471 of 2023 decided on 11th May 2023. Kishor 1/2

1 REVN 363 of 2024 (CR).doc 2.

The issue can be considered from two angles :- (i) The grievance of not putting questions was not raised earlier and now raised; and (ii) No purpose would be served by putting questions after long period.

3.

This Court is of the opinion that the questions can be put to the Applicant and rest of the issues can be decided after that. Applicant to remain present on next date in this Court.

4.

Stand over to 23rd September 2024. To be listed 'High on Board'.

[S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date:

2024.09.13 11:36:55 +0530 KISHOR VISHNU KAMBLE Kishor 2/2