Mayur Vilas Pachfule vs The State Of Maharashtra And Ors
2021 Latest Caselaw 9724 Bom

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL APPEAL NO. 862 OF 2018

       Mayur Vilas Pachfule.                                ...Applicant/Appellant.
               Versus
       State of Maharashtra & Others.                       ..Respondents.

       Mr. Nitesh J. Mohite for the Appellant.
       Mr. Sagar Tembe i/.b Ritesh Thobde for Respondent No. 2 and 3.
       Mrs. Mankuwar M. Deshmukh, APP for the Respondent-State.

                                              CORAM : PRASANNA B. VARALE &
                                                      N. R. BORKAR, JJ.

Date : July 26, 2021.

P. C. :

1. Learned counsel Mr. Mohite appearing for the appellant submitted before this Court that the appellant Mayur Vilas Pachfule has deposited the fine amount to the tune of Rs.2 lakh in the District Court, Solapur. Photocopy of the receipt issued under the signature of Assistant Superintendent, District Court Solapur is placed on record. The same is taken on record and marked "X" for identification.

2. It is then submitted by learned counsel for the appellant Mr. Nitesh Mohite that another accused in the same crime, which is the subject matter of Special Case No.71 of 2015 is also awarded conviction and sentenced vide the judgment and order dated 18 th May 2018 passed by the learned Sessions Judge, Solapur. The other accused Avinash Manohar Pastapure has preferred an independent appeal bearing Criminal Appeal No.687 of 2018 and the same is admitted vide order dated 8 th August 2018. Learned counsel further submitted that as both these appeals arise out of the same judgment and order of the learned Sessions Judge,

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SACHIN Digitally signed by SACHIN RAMCHANDRA PATIL RAMCHANDRA Date: 2021.07.27 16:36:42 PATIL +0530 Solapur dated 18th May 2018 in Special Case No.71 of 2015, both the appeals be tagged together for hearing disposal. Learned APP also makes the same request. Accordingly, we direct the office to tag both these appeals together and both these appeals be placed before the appropriate Court for hearing and disposal.

3. Now coming back to the present appeal, i.e., Criminal Appeal No. 862 of 2018, learned counsel Mr. Sagar Tembe holding for Mr. Ritesh Thobde appearing for Respondent Nos.2 and 3 submitted that recently a death certificate in respect of Respondent No.2 is received by him and he be permitted to place on record a photocopy of the death certificate. Learned counsel is permitted to place on record the photocopy of death certificate by 28th July 2021. Learned counsel undertakes to supply a photocopy of the death certificate to the office of public prosecutor. Upon placing on record the death certificate in respect of Respondent No.2, learned counsel for the appellants is permitted to amend the appeal memo by deleting the name of respondent no.2 from the array of respondents.

          [N R. Borkar, J.]                [Prasanna B. Varale, J.]




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