11.APPA.1038.2025 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 1038 OF 2025 IN CRIMINAL APPEAL ST. NO. 9872 OF 2025 Ganesh S/o. Prabhakar Rewatkar Vs. State of Maharashtra & Anr. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr. Amol Hunge, Advocate for the Petitioner. Mr. V.A. Thakare, APP for the Respondent/State. Mr. C.R. Thakur, Advocate for Respondent No.2. ------------------------------- CORAM : URMILA JOSHI-PHALKE AND R AJ D. WAKODE , JJ. DATE : 25.08.2026 In view of the judgment of the Hon’ble Apex Court in the case of Mallikarjun Kodagali (Dead) through Legal Representatives Vs. State of Karnataka and Others, reported in (2019) 2 SCC 752, the appellant, being a victim within the definition of “victim”, is entitled to file an appeal and, therefore, no leave to appeal is required. 2. In view of the above, the application seeking leave to file an appeal is disposed of. The appeal be registered accordingly. CRIMINAL APPEAL ST. NO. 9872 OF 2025 3. Heard. 4. ADMIT. 5. Learned APP waives notice for respondent No.1/State. 6. Mr. C.R. Thakur, learned counsel, waives notice for respondent No.2. 2026:BHC-NAG:11188 11.APPA.1038.2025 2/2 7. Call for the record and proceedings. 8. Matter be listed for final hearing once the record and proceedings is received and the paper book is filed. 9. Respondent No.2 shall, in compliance of Section 431 of the B.N.S.S. (Section 390 of the Cr.P.C.), furnish the requisite surety before the learned Trial Court. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 27/08/2026 19:17:53