Dismissed

Shri Manoj Shankar Bavane and Others v. the State of Maharashtra and Anr.

Bombay HC8 Dec 2016APPLN/3860/2016

Case brief

AI extract

What is this about?

In a criminal application, the High Court rejected the prayer to allow filing a fresh application challenging the charge-sheet to avoid delay. The Court advised the applicants to file for discharge within four weeks if the charge is not yet framed.

What did the court decide?

Fresh application challenging the charge-sheet rejected; liberty given to file application for discharge within four weeks.

Shri Manoj Shankar Bavane and Others Vs the State… — Criminal Trial and Appeal | Bombay HC (2016)

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3860.16appln

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FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 3860 OF 2016

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SHRI MANOJ SHANKAR BAVANE AND OTHERS
VERSUS

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THE STATE OF MAHARASHTRA AND ANR

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...

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Advocate for applicants: Mr.Nitin N. Jagadale
holding for Mr. V.D. Salunke
APP for Respondent/State :Mr.S.Y. Mahajan
Advocate for respondent no.2:Mr.B.S. Shinde
holding for Mr. V.P. Latange

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...

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CORAM: S.S.SHINDE & K.K.SONAWANE, JJ. Dated: December 08, 2016

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Heard the learned counsel appearing
for the applicants. He submits that the
applicants may be allowed to file the
fresh application, so as to take
exception to the charge-sheet.

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2.The learned A.P.P. informs this Court
that the charge-sheet came to be filed on
24th August, 2016. This Court on 30th
August, 2016 due to unaware of filing of
the charge-sheet passed the order and
ordered that not to file the charge-

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3860.16appln

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sheet. Therefore, the prayer of the
learned counsel appearing for the
applicants to allow the applicants to
file fresh application would again
consume time and the Trial Court would
not be in a position to proceed further
for hearing on the basis of the charge-
sheet filed by the Investigating Officer.

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3.In that view of the matter, we are
not inclined to entertain the prayer to
allow the applicants to file fresh
application challenging the charge-sheet.
However, in case, the applicants are
advised and the charge is not yet framed
by the concerned Court, the applicants
are at liberty to take out the
appropriate application for discharge
within four weeks from today. In case,
such application is filed within
stipulated period, the concerned Court
shall decide the said application in
accordance with law within 8 weeks from
filing such application.

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4.With the above observations, the
present application stands rejected.

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(K.K.SONAWANE, J) (S.S. SHINDE, J)

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sga/

Shri Manoj Shankar Bavane and Others v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shri Manoj Shankar Bavane and Others v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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