Prem S/O. Sudam Rathod (In Jail) vs State Of Maharashtra Thr. P.S.O., ...
2022 Latest Caselaw 3554 Bom

                                                 1                                 1-apeal-219-19.odt

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

                          CRIMINAL APPLICATION (APPA) NO. 636 OF 2019
                                                            IN
                                   CRIMINAL APPEAL NO. 219 OF 2019
                                   Prem S/o. Sudam Rathod and another
                                                            Vs.
                                               State of Maharashtra
             ------------------------------------------------------------------------------------------------
             Office Notes, Office Memoranda of                           Court's or Judge's Order
             Coram, appearances, Court's Orders
             or directions and Registrar's order
                              Shri V. R. Thote, Advocate for applicants.
                              Shri S. M. Ghodeswar, APP for non-applicant/State.


                                               CORAM :-         V. M. DESHPANDE AND
                                                                AMIT B. BORKAR, JJ.

DATED :- 31.03.2022

Heard Shri V. R. Thote, learned Advocate for the applicants and Shri S. M. Ghodeswar, learned APP for State. Perused the R.&P., which was called for consideration of this application for suspension of substantive jail sentence and grant of bail. Also perused the impugned judgment and order recording conviction and awarding sentence to the applicant by the learned Additional Sessions Judge.

2. After cumulative effect of all these things, when the Court has expressed its opinion that the Court is dismissing the application, the learned Advocate for the applicants submits that he may be permitted to withdraw this application. He also prayed that as the applicant is in jail, the Registry shall be directed to list the matter for final hearing. His statement is accepted.

RR Jaiswal
                                            2                           1-apeal-219-19.odt

3. The application is dismissed as withdrawn.

4. It is made clear that since the learned Advocate for the applicants is withdrawing this application, this Court is not supplementing the reasons as to why this applicantion needs dismissal.

5. As submission made by learned Advocate for the applicant that the applicant is in jail since 2015, in that view of the matter the appeal will be taken for hearing. The paper-book is yet to be prepared.

6. In that view of the matter, the Registry is directed to take immediate steps to prepare paper-book and place this matter for final hearing as per its seniority.

(AMIT B. BORKAR, J.) (V. M. DESHPANDE, J.)

Digitally signed by JAISWAL JAISWAL RAJNESH RAJNESH RAMESH Date:

RAMESH    2022.03.31
          17:24:45 +0530




   RR Jaiswal