1 1-appa-128-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application (APPA) No. 128 of 2025 in Criminal Appeal (APEAL) No. 244 of 2019 Shrihari @ Hari Mahadeo Bawane Versus State of Maharashtra through Police Station Officer, Sewagram, Tah and District Wardha Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Sonali B. Khobragade, Advocate for the appellant (appointed) Mrs. Mayuri Deshmukh, APP for the respondent. CORAM : NITIN B. SURYAWANSHI & M.W.CHANDWANI, JJ. DATED : 6th FEBRUARY, 2025. This is an application for speaking to minutes of order dated 22nd January, 2025 by which appellant’s appeal was partly allowed and his conviction is modified. 2. Learned advocate for appellant points out that though conviction of appellant is modified and he is directed to suffer rigorous imprisonment for 10 years and he has undergone more than 10 years imprisonment, prison authority has not released him on the ground that trial Court has refused to give set off under Section 428 of Code of Criminal Procedure. SKNair 2 1-appa-128-25.odt 3. Heard learned advocate for appellant and learned Assistant Public Prosecutor for respondent/State. 4. We are of the considered view that appellant is entitled for set off under Section 428 of the Code of Criminal Procedure. Hence, the application is allowed. 5. In operative order following clause (d) be added. “Appellant is entitled for set off under Section 428 of the Code of Criminal Procedure”. 6. Corrected copy be uploaded. [M.W.CHANDWANI, J.] [NITIN B. SURYAWANSHI, J.] SKNair