The State Of Maharashtra vs Prakash Ratnu Yelpale And Ors
2021 Latest Caselaw 644 Bom

                                                                                   4- Apeal 153 of 2002.doc



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
           Digitally
           signed by
Vaishali   Vaishali A.
           Tikam
A.
Tikam
           Date:
           2021.01.12
           16:14:17
                                   CRIMINAL APPEAL NO. 153 OF 2002
           +0530




                         The State of Maharashtra                      ... Appellant
                         V/s.
                         Prakash Ratna Yelpale & Ors.                  ... Respondents
                                                 -------------------
                         Ms. M.H. Mhatre, APP for the Appellant- State
                         Mr. J.P. Kharge for Respondents
                                                ---------------------
                                           CORAM : SMT. SADHANA S. JADHAV &
                                                   N.R. BORKAR, JJ.

DATED : 12th JANUARY 2021.

P.C. :

. Heard learned APP Mrs. M.H. Mhatre for the Appellant -State and learned counsel Mr. J.P. Kharge for the Respondents.

2. The learned counsel for the Respondents submits that the State has fled the present appeal under Section 378 of the Criminal Procedure Code from the original judgment and order of the 4th Ad-hoc Assistant Sessions Judge, Kolhapur, in Sessions Case No. 82/2001 by which the Respondents are acquitted of an ofence punishable under Section 314 r/w. 34 of IPC vide judgment and order dated 8 th October, 2011. The learned counsel for the Respondents, at

V A Tikam 1 of 3 4- Apeal 153 of 2002.doc

this stage, submits that the same judgment is under challenge before the Sessions Court, Ichalkaranji in Criminal Appeal No. 5/2005. The Respondents have challenged their conviction under section 201 of IPC, wherein the Respondents herein are convicted for the ofence punishable under Section 201 of IPC and sentenced to sufer rigorous imprisonment for one year and pay fne of Rs.10,000/-, in default, further rigorous imprisonment for one year. The State has fled the present appeal in the year 2002 and thereafter the respondents have fled Criminal Appeal No. 5/2005 before the Sessions Court.

3. The learned counsel has placed on record the order passed by the Additional Sessions Judge, Ichalkaranji dated 27th February, 2019, wherein the Learned Sessions Judge has taken note of the fact that an appeal fled by the State, challenging the acquittal of the accused under Section 314 of IPC, is pending before the High Court and, therefore, the Learned Sessions Judge has not proceeded to hear the appeal fnally. Moreover, the records and proceedings of Sessions Case No. 82 of 2001 are called by this Court in Criminal Appeal NO. 153 of 2002 fled by the State challenging the acquittal of the accused for the ofence punishable under Section 314 of IPC.

4. We, therefore, direct the Learned Additional Sessions Judge, Ichalkaranji to fnally hear and dispose of the Criminal Appeal No. 5 of 2005 as expeditiously as possible

V A Tikam 2 of 3 4- Apeal 153 of 2002.doc

and preferably, within eight weeks from the date of receipt of this order. The ofce is directed to remit the records and proceedings in Sessions Case No. 82/2001 to the Sessions Court, Ichalkaranji expeditiously.

5. Criminal Appeal No. 153 of 2002 be placed for hearing after eight weeks i.e. on 23rd March, 2021.

(N.R. BORKAR, J)              (SMT. SADHANA S. JADHAV, J)




V A Tikam                                                         3 of 3