Number 2 of 2023 allowed withdrawal of criminal appeal challenging bail rejection. Appellants sought liberty to approach Special Court for bail once charge-sheet is filed.
Appeal allowed to be withdrawn with liberty to approach Special Court for bail.
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05-apeal-2-23
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2 OF 2023
Kumar Vishwanath Kusalkar & Anr...Appellants
Versus
The State of Maharashtra..Respondent
Mr. Sachin Thorat a/w. Ashok Janras for Appellants.
Mr. S. R. Agarkar, APP for State/Respondent
CORAM : SARANG V. KOTWAL, J.
DATE : 5 JANUARY 2023
PC :
1.The Appellants have challenged the order dated
14/12/2022 passed by learned Additional Sessions Judge,
Baramati in Criminal Bail Application No.1510 of 2022. In effect,
the Appellants are seeking their release on bail in connection with
C.R.No.310 of 2022 registered at Bhigwan police station, under
sections, U/s.326 and 324 r/w. 34 of the I.P.C. and under sections
3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989. The
Appellants were arrested on 25/11/2022 and since then they are
in custody. It appears that, they are in Judicial custody.
Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date: 2023.01.06 15:04:12 +0530
Gokhale
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2.Learned APP states that the investigation is almost over
and the Investigating agency is in the process of filing the Charge-
sheet. Since, learned APP has stated that the charge-sheet will be
filed shortly within one week, learned counsel for the Appellants
does not press this Appeal, at this stage. He seeks permission to
withdraw this appeal with a liberty to approach the trial Court for
their release on bail.
3. Considering this request, the Appeal is allowed to be
withdrawn with liberty to the Appellants to approach the Special
Court for their release on bail. If such application is preferred with
advance notice to the complainant, it shall be decided at the
earliest without being influenced by rejection of their earlier bail
application.
4. With these observations, the Appeal is disposed of.
(SARANG V. KOTWAL, J.)
1 issue framed by the court
Whether to allow withdrawal of appeal with liberty to approach Special Court for bail.
Kumar Vishwanath Kusalkar & Anr
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court