Bombay High Court
Dewanand S/O Maroti Bite And 2 ... vs Swapnil S/O Mahadeo Gadge And 4 ... on 11 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPP) NO.53 OF 2021
IN
CRIMINAL APPLICATION (APPA) NO.6 OF 2021
IN
CRIMINAL APPLICATION (APPA) NO.32 OF 2021
IN
CRIMINAL APPEAL NO.26 OF 2021
DEWANAND S/O MAROTI BITE AND OTHERS
Vrs.
SWAPNIL S/O MAHADEO GADGE AND OTHERS
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
---------------------------------------------------------------------------------------------------------
Shri P. D. Sharma, Advocate for applicants.
Shri S. D. Chande, Advocate for respondent Nos.1 to 4.
Shri T. A. Mirza, APP for respondent No.5.
CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 11/01/2021.
CRIMINAL APPLICATION (APPP) NO.53 OF 2021
The victim in the case which was registered as
Sessions Trial No.13/2017 has filed appeal challenging the
judgment passed by the Sessions Judge acquitting the
respondents - accused of the charge of commission of the
offences punishable under Sections 147, 148, 324, 323,
504, 506 and 149 of the Indian Penal Code.
The appeal came to be filed under Section
378(4) of the Code of Criminal Procedure and therefore,
prayer for grant of leave to file appeal is also made by the
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appellants. Today, this Criminal application is filed on
behalf of the appellants, seeking permission to convert the
appeal under Section 372 of the Code of Criminal
Procedure. The prayer made on behalf of the appellants is
just and proper.
Hence, the appellants are permitted to
convert the appeal as under Section 372 of the Code of
Criminal Procedure.
The criminal application is allowed
accordingly.
CRIMINAL APPLICATION (APPA) NO.6/2021
Accepting the explanation given in the
application and the fact that there are counter cases and
appeal is filed in the counter case also and accepting the
explanation given in the application, delay of 801 days in
filing the appeal is condoned.
The criminal application is allowed
accordingly.
CRIMINAL APPLICATION (APPA) NO.32/2021
As the appellants are permitted to convert the
appeal under Section 372 of the Code of Criminal
Procedure, no orders are required on the prayer for grant
of leave to file appeal.
3 21-APPP-53-21.odt
CRIMINAL APPEAL NO.26 OF 2021
Taken up for hearing on admission.
Admit.
Shri S.D.Chande, Advocate waives notice for
the respondent Nos.1 to 4.
Shri T.A. Mirza, learned APP waives notice for
the respondent No.5.
Call for Record and Proceedings.
List the appeal for hearing on 05/02/2021.
Shri P. D. Sharma, Advocate for the appellants
in Criminal Application (APPA) No.32/2021 states that
notes of evidence of the witnesses would be filed within
two weeks from today.
JUDGE JUDGE
Choulwar
