Naruddin Murtujaali Shaikh v. The State Of Maharashtra

APPA 167.15.sxw JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 167 OF 2015 IN CRIMINAL APPEAL NO. 256 OF 2009 ALONGWITH CRIMINAL APPLICATION NO. 699 OF 2013 IN CRIMINAL APPEAL NO. 256 OF 2009 Naruddin Murtuja Ali Shaikh.

... Applicant.

V/s.

The State of Maharashtra.

... Respondent.

Mr. Vinit Kulkarni, Appointed Advocate for the Applicant. Mr. H.J. Dedhia, APP for the State.

CORAM : P.V. HARDAS & Dr. SHALINI PHANSALKAR-JOSHI, JJ.

MARCH 17, 2015.

P.C. :- The Applicant in both these Applications has prayed for similar relief that is of expediting of the Appeal which is of the year 2009 and also to release the Applicant on bail.

2.

We have heard the learned Counsel appointed for the Applicant in both these Applications and the learned APP. Learned APP has pointed out to us that the Appeal filed by the

APPA 167.15.sxw Applicant is already added to the final hearing board and is pending final hearing. Since the Appeal is of the year 2009 and we are already hearing Criminal Appeals of the year 2009 and though the Appeal is on the final hearing board, we expedite the hearing of the Appeal. In so far as the relief of bail which is prayed for by the Applicant, we have perused the findings recorded by the Trial Court and in the light of the overwhelming evidence against the Applicant, we are not inclined to suspend the substantive sentence of imprisonment and release him on bail.

3.

These Applications are thus partly allowed as indicated above.

(DR.SHALINI PHANSALKAR-JOSHI, J.) (P.V. HARDAS, J.)