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Bombay High CourtAPL/109/2025allowed

Manthan Kiran Bhosale v. State Of Maharashtra

2025-07-07Hon'Ble Shri Justice S. M. Modak2 pages

LSP 1 28 apl 109.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Application No. 109 of 2025 With Interim Application No.633 of 2025 Manthan Kiran Bhosale ...

Applicant V/s.

The State of Maharashtra ...

Respondents.

Mr. Vivan Karma Advocate for the Applicant.

Mr. C.D. Mali Advocate for Respondent No.1.

Mr. Aniket Nikam i/b. Sumit Patil Advocate for the Intervenor Digitally signed by LATA SUNIL PANJWANI Date:

2025.07.09 18:51:13 +0530 CORAM : S.M. MODAK, J LATA SUNIL PANJWANI DATE : 7th July 2025.

P.C. :

Heard learned Advocate for the Applicants-Accused. 2.

The only issue raised in this application is about compliance of provisions of Section 226 and 227 of the Cr.P.C. It deals with opening of the prosecution and hearing on the point of framing of charge.

3.

Learned Advocate for the Applicant relied upon the compilation of judgments. He invited my attention to the Charge on Page No.59 and corresponding roznama dated 18th March 2024 on Page No.49. According to learned APP there is no lacuna and both the accused were represented by the Advocate.

LSP 2 28 apl 109.25.doc 4.

Learned Advocate Shri Nikam intends to intervene in this matter.

5.

Even Mr. Nikam submitted that under the guise of pendency of this petition, the Applicants are not proceeding with the trial. 6.

Be that as it may, I am inclined to grant some time to Mr. Nikam. List the matter on 15th July 2025, 'High on Board'. (S.M. MODAK, J.)