The State Of Maharashtra vs Nanasaheb @ Balasaheb Genu Kakade ...
2023 Latest Caselaw 8651 Bom

                                      -1-              902-Cri.Appeal.649.2023

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                     CRIMINAL APPEAL NO.649 OF 2023

             THE STATE OF MAHARASHTRA
                       VERSUS
NANASAHEB @ BALASAHEB GENU KAKADE (ABSCONDING) AND
                       OTHERS

                                ...
                APP for Appellant : Mr. S. D. Ghayal
       Advocate for Respondent Nos.2 to 5 : Mr. N. B. Narwade
                                ...

                                CORAM : SMT. VIBHA KANKANWADI AND
                                        ABHAY S. WAGHWASE, JJ.

DATED : 23rd AUGUST, 2023

PER COURT :

1. Learned Advocate Mr. N. B. Narwade submits that he

has instructions to appear for respondent nos.2 to 5. It is reported

that there is compliance under section 390 of the Code of Criminal

Procedure by the respondent nos. 2 to 5. He may file his

Vakalatnama within a period of two weeks.

2. It will not be out of place to mention here that original

accused no.1 was absconding before the trial court and accordingly

it appears that the trial and judgment was only in respect of

original accused nos.2 to 5. Under such circumstance, present

appeal would be only against the original accused nos.2 to 5. At the

time of granting leave by an order dated 12.07.2023, it appears

-2- 902-Cri.Appeal.649.2023

that though the note was taken in first para itself, and in the

operative order that clarification was not given, and therefore, we

are now giving clarification that this appeal stands admitted as

against original accused nos.2 to 5 only.

3. Since the Record and Proceedings with paper-book is

awaited, stand over to 09.10.2023.

(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)

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