1 wp.1409.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1409 OF 2010 Ashok Motiram Gaikwad ...Petitioner Versus The State of Maharashtra ...Respondent ...... Mr.Ashok Kumar Kotangle, appointed Advocate for Petitioner. Dr.F.R.Shaikh, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 13, 2010. P.C. 1. In view of our order dated 31st August 2010 in Writ Petition No. 2301 of 2010, we dispose of this Writ Petition with liberty to the Petitioner to take recourse to remedy of Appeal. That Appeal shall be decided by the State Government on merits and not to be dismissed on the ground of being barred by limitation. All questions are kept open, to be decided on its own merits. The State Government shall decide the said Appeal within four weeks from the date of its receipt. 2. Petition disposed of accordingly. 2 wp.1409.10.sxw 3. The Court expresses word of gratitude for the able assistance given by the appointed Advocate appearing for the Petitioner. 4. Copy of this order be forwarded to the Petitioner forthwith, who is in jail. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)