Laxman S/O. Prakash Kshirsagar vs The State Of Maharashtra
2023 Latest Caselaw 952 Bom

                                                          11-CriAppln-4196-2022
                                          -1-

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                11 CRIMINAL APPLICATION NO. 4196 OF 2022
                IN APEAL/1165/2019 WITH APEAL/1165/2019

               LAXMAN S/O PRAKASH KSHIRSAGAR
                                VERSUS
          THE STATE OF MAHARASHTRA AND ANOTHER
                                  .....
 Advocate for Applicant : Mr. Z. H. Farooqui h/f Mr. Niteen V. Gaware
           APP for Respondent No.1-State : Mr. A. P. Phule
        Advocate for Respondent No.2 : Mr. Suhas R. Shirsat
                                  .....

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

DATED : 30 JANUARY 2023

PER COURT :-

1. It appears that the learned Additional Sessions Judge in his

judgment and order has ordered that fine amount be paid to the

victim PW3, who is father of deceased; under Section 357(1) of the

Code of Criminal Procedure. When the said judgment and order in its

entirety is under challenge before this Court by way of appeal, the

appellant should make the victim, to whom the fine amount has been

directed to be given as compensation, as party respondent. In view of

the decision in Emperor v. Chunilal Bhagwanji [AIR 1942 Bombay

205(1)], he is a necessary party and therefore, the appellant is

directed to carry out amendment forthwith. Learned Advocate Mr.

Suhas R. Shirsat submits that he would waive the notice.

11-CriAppln-4196-2022

2. As regards criminal application for suspension of sentence is

concerned, learned Advocate Mr. Farooqui seeks accommodation on

the personal ground of learned Advocate Mr. Gaware. It will have to

be placed on record that the criminal appeal has been filed in 2019,

the application for suspension of sentence has been filed in 2022 and

still in 2023 learned Advocate for the appellant is not ready. Rather

the paper book is ready in the matter. It shows that the appellant is in

no hurry to proceed with the application and therefore a longer date

is given.

3. Stand over to 17.02.2023.

[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]

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