Om Sai Capital Leasing And Finance ... vs State Of Maharashtra And Ors
2023 Latest Caselaw 304 Bom

                                   :1:                      6.apeal-13-23.odt

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

                      CRIMINAL APPEAL NO.13 OF 2023

Om Sai Capital Leasing & Finance
Pvt. Ltd. and another                     ....Appellants
            Versus
The State of Maharashtra
and others                                .... Respondents
                               .....
                              WITH
               INTERIM APPLICATION NO.66 OF 2023
                               IN
                 CRIMINAL APPEAL NO.13 OF 2023

                              -----
Mr. Sanjeev Kadam, Advocate a/w. Varsha Thorat, Prashant
Raut i/b. Ramdas Hake Patil, for the Appellants.
Smt. M.R. Tidke, APP for the Respondent No.1-State.
                              -----

                                  CORAM : SARANG V. KOTWAL, J.

                                  DATE    : 09th JANUARY, 2023
P.C. :

1. The record of this case as well as the submissions

made by learned counsel for the appellants shows that earlier

during pendency of the trial certain orders were passed by a

Division Bench. The operative part of the impugned judgment

also makes a reference to the attachment being made absolute.

That particular subject matter appears to be within the

jurisdiction of the Division Bench as per the Bombay High Court 1 of 2 Deshmane(PS) :2: 6.apeal-13-23.odt

Appellate Side Rues, 1960. This needs to be considered.

2. Learned counsel for the appellants seeks time to

make submissions in that behalf. Therefore, today I am

adjourning the matter. Learned counsel for the appellant shall

file additional compilation annexing all the earlier orders passed

by the Division Bench.

3. Learned APP is directed to file affidavit of the

investigating officer showing exactly how much amount is

recovered, how much property is directed to be attached and

how much amount is available as per the clause-12 of the

impugned judgment and order. The affidavit shall be filed

within four weeks from today.

4. All these questions are left open to be decided on the

next occasion. For the time being and in the interest of justice,

the order passed by the trial Court under Section 389 of Cr.P.C.

granting bail to the appellant for a temporary period is extended

till the next date.

5. Stand over to 6.3.2023.

(SARANG V. KOTWAL, J.) Digitally signed by PRADIPKUMAR PRADIPKUMAR PRAKASHRAO PRAKASHRAO DESHMANE DESHMANE Date:

2023.01.11 12:59:27 +0530 Deshmane (PS)

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