Lotan Fakira Patil vs The State Of Maharashtra
2023 Latest Caselaw 10481 Bom

                                 {1}         CRI APPEAL ST 9230 OF 2022


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

           912 CRIMINAL APPEAL (ST) NO.9230 OF 2022
                             WITH
            CRIMINAL APPLICATION NO.3339 OF 2022
                    IN APPEALST/9230/2022

                      LOTAN FAKIRA PATIL
                             VERSUS
                  THE STATE OF MAHARASHTRA
                                ...
      Advocate for Appellant : Mr.Apparao Prakash Yenegure
              APP for Respondent : Mr.S.J.Salgare
                                ...

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

                    DATE :    10 OCTOBER, 2023

PER COURT :-

1. Since arguable points are made, appeal is "admitted".

2. Taking into consideration the impugned judgment wherein

compensation has been granted under Section 357(1) of the Code of

Criminal Procedure to the original victim, in view of Emperor v.

Chunilal Bhagwanji, reported in AIR (29) 1942 (Bombay) 205(1),

the learned Advocate for the appellant is directed to add the victim as

respondent no.2. Necessary amendment to be carried out forthwith.

{2} CRI APPEAL ST 9230 OF 2022

3. Issue notice after admission of Criminal Appeal to both the

respondents.

4. Notice in respect of Criminal Application No.3339 of 2022

regarding suspension of sentence be also issued to the respondents.

5. Learned APP waives service of notice for respondent no.1.

Notice of respondent no.2 to be made returnable on 01-12-2023.

6. Call Record and Proceedings with paper book.

                               ( ABHAY S. WAGHWASE )                 ( SMT. VIBHA KANKANWADI )
                                       JUDGE                                   JUDGE


                               SPT




Signed by: Santosh P. Takalkar

Designation: PA To Honourable Judge Date: 11/10/2023 16:38:55