Shrivardhan Govardhansingh ... vs The State Of Maharashtra
2022 Latest Caselaw 2245 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                      CRIMINAL APPEAL NO.1604 OF 2019


                      Shrivardhan Govardhansingh Tapasvi                 .. Appellant
                            Versus
                      State of Maharashtra                               .. Respondent

                                                       ......
                      Mr.Lokesh Zade i/b. Mr.Adwait Bhonde, Advocate for the Appellant.
                      Mr.Arfan Sait, APP for the Respondent - State.
                                                       ......

                                                      CORAM :      PRAKASH D. NAIK, J.

                                                      DATED :      MARCH 07, 2022.

                      P.C. :

This Appeal has been preferred under Section 454 of

Cr.P.C., challenging the order with relating to return of property

passed vide judgment and order dated 23rd February, 1994.

2 Learned APP submitted that in accordance with Section

454 of Cr.P.C, such Appeal would lie to the Court to which Appeal

ordinary lie from conviction by the former Court. In the present case, Digitally signed by RAJESHRI the accused was prosecuted for the offence punishable under Section RAJESHRI PRAKASH PRAKASH AHER AHER Date:

2022.03.09 15:37:06 302 of IPC. He has been acquitted. If the said accused would have been +0530

convicted for the said offence, the Appeal would lie before the Division

Bench. Hence, this Appeal will have to be heard by the Division Bench

bench of this Court.

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3           In the light the aforesaid circumstances, the Registry is

directed to verify whether the matter would lie before the Single

Judge or the Division Bench. Report be submitted on or before next

date of hearing.

4 Stand over to 21st March, 2022.

(PRAKASH D. NAIK, J.)