Santosh Laxman Niskate v. The State Of Maharashtra

12.IA.272.2021 in Apeal.545.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.272 OF 2021 IN CRIMINAL APPEAL NO.545 OF 2017 Shri. Santosh Laxman Niskate ....Applicant

Versus

The State of Maharashtra ....Respondent Aarti G.

Palkar Digitally signed by Aarti G. Palkar Date:

2021.03.17 17:04:10 +0530 Ms. M.M. Deshmukh, APP for the Respondent-State. CORAM : PRASANNA B. VARALE & SURENDRA P. TAVADE, JJ.

DATE : 16th MARCH, 2021.

P.C. :

1.

The applicant-Santosh Niskate, Convict No.C-6320 lodged in Thane Central prison forwarded the present application through prison with a prayer of early hearing of the appeal. The perusal of the application shows that a communication dated 13.11.2019 bearing Outward No.6177 was forwarded with the very prayer i.e. early hearing of the appeal. This communication was for consideration before the Division Bench of this Court on 15.01.2020, but none appeared for the applicant. The Division Bench of this Court to which one of us was party (Shri. Surendra P. Tavade, J.) by observing that since old appeals than the present appeal are pending for hearing, as such this Court was not inclined to hear the matter on out of turn priority basis, disposed of the application.

2.

Now the perusal of the communication dated 27.01.2020 shows that the applicant-convict-Santosh Niskate is not aware of this order dated 15.01.2020. As such, he reiterates his prayer for early hearing of the appeal. There is no substantial change in the circumstances post the order passed by the Division Bench dated 15.01.2020. We are of the same opinion that the old appeals are pending in this Court for consideration and Aarti Palkar 1/2

12.IA.272.2021 in Apeal.545.2017.doc no reason is comingforth so as to hear the appeal fled by the convictSantosh Niskate bearing Criminal Appeal No.545 of 2017 on priority basis. The application as such is disposed of.

3.

Learned APP to communicate this order to the convict-Santosh Niskate, who is lodged at Thane Central prison. It is also observed by us that convict-Santosh Niskate had engaged a counsel of his choice, who is representing him in the Criminal Appeal No.545/2017. The Ofce is also directed to intimate the learned counsel engaged by the applicant-Santosh Niskate at his choice. We hope and trust that the learned counsel engaged by the applicant would take necessary steps for fling proper applications pending appeal.

4.

All the concerned to act on an authenticated copy of this order. (SURENDRA P. TAVADE, J.) (PRASANNA B. VARALE, J.) Aarti Palkar 2/2