Hemant Govind Thorat And ANR. v. The State Of Maharashtra And ANR.

1 / 2 09-APEAL-591-24-@-IA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.591 OF 2024 WITH INTERIM APPLICATION NO.2210 OF 2024 IN CRIMINAL APPEAL NO.591 OF 2024 Hemant Govind Thorat & Anr.

.... Applicants/ Appellants versus The State of Maharashtra .... Respondent .......

• Mr. Sudeep Pasbola i/b. Rahul Arote, Advocate for Applicant. • Mr. Vithal B. Konde-Deshmukh, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 02nd JULY, 2024 P.C. :

1.

Learned APP Mr. Konde-Deshmukh points out that the description of the Respondent in these proceedings is not correct. In the related Special case before the Special Court, the prosecution was conducted by the Central Bureau of Investigation, ACB, Pune. They are a separate entity and therefore a separate necessary Respondent. In the present case, the Respondents are described as State of Maharashtra, through Digitally signed by MANUSHREE NESARIKAR Date:

2024.07.05 15:24:24 +0530 MANUSHREE NESARIKAR CBI, ACB, Pune.

Nesarikar

2 / 2 09-APEAL-591-24-@-IA.odt 2.

There is force in the submissions of learned APP. Learned counsel for the Applicant is directed to carry out amendment to add the Central Bureau of Investigation as a separate party Respondent and correct the description of the State of Maharashtra forthwith.

3.

Amendment shall be carried out forthwith.

4.

Issue notice to the Respondent No.2.

5.

Private service is permitted.

6.

In the interest of justice, the order passed on 14/06/2024 by way of ad-interim relief shall continue till the next date.

7.

Leave is also granted to annex a copy of the impugned Judgment and Order.

8.

Stand over to 11/07/2024.

(SARANG V. KOTWAL, J.)