Tikaram S/O Zankar Shah v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.313 OF 2013 Tikaram Zankar Shah ..Appellant V/s.

The State of Maharashtra .. Respondent ---- Mrs.Purobi Ghosh Mohan I/by Mr.Sarojini Upadhayay appointed Advocate by Legal Aid Committe, for appellant. Mrs.Anamika Malhotra, APP for State.

WITH CRIMINAL APPEAL NO. 197 OF 2013 WITH CRIMINAL APPLICATION NO. 584 OF 2014 IN CRIMINAL APPEAL NO. 197 OF 2013 Gopal S/o Virbahadur Thapa ..Applicant/Appellant V/s.

The State of Maharashtra .. Respondent ---- Mr.Sanjay C. Prabhu, appointed advocate by Legal Aid Committee, for applicant-appellant is absent.

Mrs.Anamika Malhotra, APP for State.

WITH CRIMINAL APPEAL NO. 538 OF 2015 Rambahadur S/o Belbahadur Somae ..Appellant V/s.

The State of Maharashtra .. Respondent WITH CRIMINAL APPEAL NO. 1232 OF 2013 Khadaksingh Dilipsingh Jaigad ..Appellant V/s.

The State of Maharashtra .. Respondent ---- Mr.K.R. Holambe Patil, appointed advocate by Legal Aid Committee, for applicant-appellant is absent.

Mrs.Anamika Malhotra, APP for State.

---- N.S. Kamble page 1 of 3

CORAM : A. R. JOSHI, J.

DATE : 1ST JULY, 2015.

P.C.

1.

All these appeals are filed by the appellants convicted accused persons through jail. The order impugned in both the appeals was passed by Ad-hoc Assistant Sessions Judge, City Sessions, Fast Track Court, Sewree, Mumbai on 10th April 2012, thereby convicting the appellants for the offences punishable under sections 395 and 397 of the Indian Penal Code and sentenced to suffer imprisonment for 7 years and to pay fine of Rs.1,000/- each.

2.

As such in view of the provisions of section 374(3) of Criminal Procedure Code all the appeals shall lie before the concerned Sessions Court as the challenge is to the order passed by the Assistant Sessions Judge. In view of this legal position, all these appeals are disposed of with liberty to the appellants to take appropriate course of action in accordance with the law. The present order be communicated to the concerned appellants through the Superintendent of Jail in which they are presently lodged.

N.S. Kamble page 2 of 3

3.

All these appeals are accordingly disposed of along with application for bail.

(A. R. JOSHI, J) N.S. Kamble page 3 of 3