Deepak Vithal Gole v. The State Of Maharashtra And ANR

LSP 1 38apeal 810.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 810 OF 2025 Deepak Vithal Gole ...Appellant Vs.

The State of Maharashtra and Anr.

...Respondents

Adv. Sonal V. Parab a/w Adv. Siddhesh R. Samel i/by Rajeev Sawant and Associates Advocate for the Appellant.

Adv. Kishor Dhoke Advocate for the Respondent No. 2 Shri Ashok S. Gawai APP for Respondent-State.

Mr. Inamdar PSI, Kala Chowki Police Station present Digitally signed by LATA SUNIL PANJWANI Date:

2025.10.13 17:17:17 +0530 LATA SUNIL PANJWANI CORAM : S.M. MODAK, J DATE : 7th October 2025.

P.C. :

Heard learned Advocate for the Appellant, learned APP and learned Advocate for the first informant.

2.

The order which is challenged is dated 5th July 2025 passed by the Court of learned Special Judge as per Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The prayer for discharge came to be rejected. It is true initially the Appellant filed criminal application and Division Bench has granted interim

LSP 2 38apeal 810.25.doc relief. It is true on 30th November 2023 liberty was granted to apply for discharge. The submission is accordingly the discharge application was filed.

3.

Shri Dhoke for Respondent No.2 submitted that FIR is of the year 2013 and for all these years the Appellant resorting to the remedies which stalled the hearing of the case. The case is fixed before the trial Court on 15th October 2025 for framing of charge. It is difficult to hear this appeal at 6.25 p.m. 4.

In view of that, by way of some arrangement let it be made clear if the charge is framed on that day, it will be subject to outcome of this appeal. It is clarified that if the Appellant will loose in this appeal, the charge will remain and if the Appellant will succeed, the framing of charge will be subject to the said order. 5.

Learned Advocate Dhoke invited my attention to the provisions of Section 14(3) of the Scheduled Castes and Scheduled Tribes Act. There is a time limit for disposal of the case. It is true that this Court has not stayed the proceedings before the trial Court. Learned Advocate for the Appellant is having some interpretation about the said provision. It will be considered on the next date. 6.

Stand over to 25th November 2025 for 'Final Hearing'. (S.M. MODAK, J.)