Suresh Dattarao Thorat And Others vs The State Of Maharashtra And ...
2023 Latest Caselaw 9686 Bom

2023:BHC-AUG:19951-DB


                                                                           P2-CriAppeal-685-2023
                                                          -1-

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                        CRIMINAL APPEAL NO. 685 OF 2023

                 1.       Suresh S/o Dattarao Thorat
                          Age : 31 years, Occu: Agril.,
                          R/o. Village Hiradi,
                          Tq. & Dist. Hingoli.

                 2.       Ramesh S/o Kisanrao Thorat
                          Age: 31 years, Occu: Agril.,
                          R/o. Village Hiradi,
                          Tq. & Dist. Hingoli.

                 3.       Laxman S/o Narayan Aare
                          Age: 31 years, Occu: Labour,
                          R/o. Village Malhivra,
                          Tq. & Dist. Hingoli.                             ... Appellants

                                  Versus

                 1.       The State of Maharashtra
                          Through Basamba Police Station,
                          District Hingoli.

                 2.       Prakash S/o Narayan Pathade
                          Age: 53 years, Occu. Agril.,
                          R/o. Village Hiradi
                          Tq. & Dist. Hingoli.                             ... Respondents

                                                    .....
                           Mr. Dhananjay M. Shinde, Advocate for the Appellants.
                            Mrs. V. S. Choudhary, APP for Respondent No.1-State.
                           Ms. Anuradha S. Mantri, Advocate for Respondent No.2.
                                                    .....

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

DATED : 14 SEPTEMBER 2023

P2-CriAppeal-685-2023

PER COURT :-

1. Not on board. Taken on board.

2. The matter was reserved for judgment, however, learned

Advocate for the appellants submits that in the meantime, charge-

sheet has been field and therefore, he may be allowed to withdraw

the appeal with liberty to approach the Special Judge under the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 for bail under Section 439 of the Code of Criminal Procedure.

3. In view of the fact that yet the judgment is not pronounced and

taking into consideration the change in the circumstance that the

charge-sheet has been filed, leave is granted to the appellants to

withdraw the appeal with liberty as prayed.

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

vre