Shubham S/O Gopal Kakad vs State Of Mah. Thr. District Govt. ...
2022 Latest Caselaw 5946 Bom

                                                          1                              3.APEAL.385-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                           CRIMINAL APPEAL NO. 385 OF 2022
                                       ( Shubham S/o Gopal Kakad
                                                   Vs.
                                       State of Maharashtra & Anr. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. S.I. Ghatte, Advocate for the Appellant.
                                  Mr. Nitin Rao, A.P.P. for the Respondent No.1/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 27th JUNE, 2022.

Mr. Ghatte, learned counsel for the appellant, seeks leave to add the victim as party respondent No.2. Leave is granted. The addition be carried out during the course of the day. Upon the same being done, issue notice to the respondents, returnable on 11.07.2022.

2. Mr. Rao, learned APP waives service of notice for the respondent No.1/State and to ensure that the respondent No.2 is intimated.

CRIMINAL APPLICATION (APPA) NO. 468/2022

Mr. Ghatte, learned counsel for the applicant/appellant submits, that the age of the victim has not been proved, for which he invites my attention to para 16 and 17 of the impugned judgment at page 94 and 95, wherein it has come on record that the certificate 2 3.APEAL.385-2022.odt

of date of birth claimed to have been issued by the Municipal Corporation has not been exhibited during the course of the trial, inspite of which it is contended, that the same has been considered which was impermissible in law.

2. Issue notice to the respondents, returnable on 11.07.2022.

3. Considering what has been discussed above, a case for grant of ad interim relief is made out till the returnable date. The sentence imposed by the judgment dated 25.05.2022 is hereby suspended and the applicant be released on bail on his executing P.R. Bond in the sum of Rs.25,000/- with two solvent sureties in the like amount.

JUDGE

SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:27.06.2022 18:01