Disposed
Pramod Akaram Shinde v. the State of Maharashtra
Bombay HCAPEAL/1222/2002
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2 apeal.1222.02 anr
ndm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1222 OF 2002
WITH
CRIMINAL APPLICATION NO. 634 OF 2009
Pramod Akaram Shinde. ... Appellant Vs.
The State of Maharashtra. ... Respondent
Mr. Rebecca Gonsalvez i/b Mr. Mihir Desai for the Appellant appointed as amicus curea.
Mr. S.V.Gajare, APP for the State.
CORAM : A.M. KHANWILKAR and U.D. SALVI, JJ. DATE : 30th August, 2010.
P.C.
1 As per office remarks, certified copy of the order dated 21st May, 2010 passed in Criminal Miscellaneous Application No. 476 of 2009 has been received. The appeal was filed through jail as back as in 2002. During the pendency of the appeal, the Appellant moved the Session Court by way of Criminal Miscellaneous Application No. 476 of 2009 for being released by giving benefit under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. That application has been allowed by the Additional Sessions Judge, Sangli vide judgment
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2 apeal.1222.02 anr
and order dated 21st May, 2010. In terms of the said decision, the Appellant is set at liberty forthwith in respect of Sessions Case No. 86 of 1995 arising out of CR No. 146 of 1994 of Islampur Police Station and Sessions Case No. 87 of 1995 arising out of CR No. 27 of 1994 of Kurlap Police Station. The present appeal has been filed against the decision in Sessions Case No. 86 of 1995. In that sense, nothing survives for consideration in the present appeal. The appeal is disposed of on that basis.
2 We, however, make it clear that if the Appellant intends to seek clean acquittal, he will be free to revive this appeal so that the matter can proceed further.
3 In view of the order passed in appeal, nothing survives for consideration in the present application. The same is also disposed of on the same terms.
Pramod Akaram Shinde
The State of Maharashtra
A.M. Khanwilkar
U.D. Salvi
As recorded by the court registry
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