Nilkantha Sitaramji Dekate vs State Of Mah. Thr. Pso Ps Wadi ...
2022 Latest Caselaw 10737 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            : NAGPUR BENCH : NAGPUR.
                           CRIMINAL APPEAL NO. 694 OF 2022
                              NILKANTHA SITARAMJI DEKATE
                                          VERSUS
                        STATE OF MAH., THRU. P.S.O., P.S., WADI, NAGPUR
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Office Notes, Office Memoranda of                         Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. A. J. Thakkar, Advocate for the appellant.
                          Mr. S.A.Ashirgade, A. P. P. for the respondent /State.

                                  CORAM : G. A. SANAP, J.

DATE : OCTOBER 14, 2022.

1. Heard Mr. A. J. Thakkar, learned advocate for the appellant.

2. The victim has not been made as a party to this appeal. Leave is granted to the appellant to add the victim as respondent no.2 to this appeal.

3. Necessary correction/amendment be carried out forthwith.

4. ADMIT.

5. Issue notice of hearing to the respondent/State as well as to the newly added respondent no.2/victim.

6. Mr. S.A.Ashirgade, learned Additional Public Prosecutor waives service of notice for the respondent/State.

7. In-charge of the concerned police station shall ensure service of notice to the respondent no.2.

Criminal Application (APPA) No. 914 of 2022

1. This is an application for suspension of substantive sentence and for grant of bail.

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2. The victim has not been made as party to this application. Leave is granted to the appellant to add the victim as non-applicant no.2 to this application.

3. Necessary correction/amendment be carried out forthwith.

4. Issue notice to the non-applicant/State as well as to the newly added respondent no.2/victim, returnable in three weeks.

5. Mr. S.A.Ashirgade, learned Additional Public Prosecutor waives service of notice for the respondent/State.

6. In-charge of the concerned police station shall ensure service of notice to the non-applicant no.2./victim.

7. In the meantime, the substantive sentence awarded by the learned Extra-Joint Additional Sessions Judge, Nagpur by the judgment and order dated 28.09.2022 in Spl. Cri. (Child) Case No. 678/2021, shall remain suspended. The applicant shall furnish PR bond in the sum of Rs.25,000/- with one surety in the like amount before the trial Court.

8. Stand over after three weeks.

JUDGE Diwale

Digitally signed byPARAG PRABHAKARRAO DIWALE Signing Date:14.10.2022 14:50