The High Court hearing Criminal Appeal No. 231 of 2023 allowed the appellant to withdraw the appeal to avail regular bail as suggested by the Supreme Court. The appeal was disposed off as withdrawn following the grant of permission. No substantive legal principle was laid down.
Appeal disposed off as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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10 APEAL 231-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 231 OF 2023
Dr. Premshankar Vidhyadhar Bhatt .. Appellant Versus
The State of Maharashtra and anr .. Respondents
Mr. Mahendra Agavekar a/w Mr. Shraddha Chavan for the appellant.
Mr. S.R. Agarkar, APP for the State.
Mr. Sarvajeet Patil for Respondent No.2/original complainant. Mr. Yogesh Patil, Mahatma Fule Chowk Police Station, Kalyan (w).
CORAM: BHARATI DANGRE, J. DATED : 21st MARCH, 2023
P.C:-
1 Heard learned counsel Mr. Mahendra Agavekar, for the appellant and Mr. Sarvajeet Patil, for the complainant.
2 The learned APP, Mr. Agarkar raised a preliminary objection about the maintainability of the appeal filed under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 by submitting that in an earlier round, Criminal Appeal No. 4 of 2022 filed by the appellants was dismissed and this order passed by the division bench of the High Court upheld by the Supreme Court and the SLP filed came to be dismissed.
Ashish Mhaske
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The Supreme Court specifically expressed that the dismissal of the SLP and the reasons in the impugned order would not come in the way of the petitioner, when he apply for regular bail.
2 When confronted with the aforesaid objection, the learned counsel for the Appellant seek permission to withdraw the present appeal, to avail the remedy suggested to him by the Hon’ble Apex Court in its order dated 17/08/2022.
Permission granted. Appeal stands disposed off as withdrawn.
( SMT. BHARATI DANGRE, J.)
Ashish Mhaske
Dr. Premshankar Vidhyadhar Bhatt
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
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