1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR 1. Criminal Appeal No. 83/2004. Premkumar Baldeo Batra vs. The state of Maharashtra, through Police Station Officer, Police Station, Lakadganj, Nagpur. 2. Criminal Appeal No. 345/2007 Sunil s/o Manoharrao Gaikwad vs. The State of Maharashtra, through Police Station Officer, Police Station Lakadganj, Nagpur. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.Lavande & Prasanna B. Varale,JJ DATE OF RESERVING : 20.11.2009 DATE OF PRONOUNCEMENT : 10.12.2009 Mr. Narnaware, Advocate appearing for the appellant in Criminal Appeal no. 83/2004 is absent. The appellant in Criminal Appeal No. 345/2007 is present in person. Mr. M.L.Somalwar, Spl. Public Prosecutor appears for the respondent in both the appeals. 2. By separate order passed on today i.e. on 10.12.2009, Criminal Application Nos. 259/2009, 279/2009 and 280/2009 in Criminal Appeal Nos. 386/2003, 477/2003 and 542/2003 respectively we have remanded the matter to the Additional Sessions Judge, Nagpur. Since the conviction of the 2` appellants is with the aid of Section 149 of the Indian Penal Code it would not be appropriate to deal with these appeals separately from the Criminal Appeal Nos. 386/2003, 477/2003 and 542/2003. Since we have set aside the impugned Judgment and order and remanded the matter to the learned trial Judge we have no alternative but to set aside the impugned Judgment and order qua the appellants also. The trial Judge shall dispose of the Sessions Trial No. 295/98 after giving opportunity to lead arguments on behalf of the above referred appellants. 3. The appellants-accused shall be produced before the learned Additional Sessions Judge, Nagpur on 30th December, 2009 at 11 a.m. 4. Criminal Appeals 83/2004 and 345/2007 are disposed of accordingly. JUDGE JUDGE patle 3`