1 Cri.A.902.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 902 OF 2011 IN CRIMINAL APPEAL NO. 213 OF 1999 [ Mukhtarkhan Abbaskhan Patel Vs. The State of Maharashtra ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Smt.S.S.Jadhav,Advocate for Applicant (Original Accused No.3) i.e. appellant No.2 in Appeal No. 213 of 1999. Smt.Y.M.Kshirsagar,APP for Respondent. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 17TH MARCH, 2011. PER COURT : 1. Heard learned counsel for parties. 2. Issue notice to the respondent. Learned APP waives service for respondent-State. 3. This is an application preferred by the applicant (original accused No.3- Appellant No.2 in Appeal No. 213 of 1999) 2 Cri.A.902.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders seeking permission to file separate appeal to the extent of this applicant- Mukhtarkhan Abbaskhan Patel. 4. Applicant submits that, being aggrieved by the Judgment and order 19.04.1999, rendered by Additional Sessions Judge- 5 Beed, in Sessions Case No. 81 of 1998, applicant filed Criminal Appeal No. 213 of 1999 and same has been admitted on 01.05.1999 and also same is pending before this Court. 5. Applicant further submits that as per chapter XXXII Rule 2 of the Bombay High Court, Appellate Side Rules, 1960 applicant seeks permission to file separate appeal, and hence present application. 6. Considering the contents of application and after considering rival submissions advanced by the learned counsel for the parties, permission deserves to be granted to the applicant as prayed for. Hence, present application is allowed in terms of prayer clause [B] thereof, and applicant is permitted to 3 Cri.A.902.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders file separate appeal to his extent and present application is disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK