Arif Mohd. Rahilla v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.567 OF 2022 IN CRIMINAL APPEAL NO.1474 OF 2019 Arif Mohd. Rohilla Applicant versus The State of Maharashtra Respondent Mr.Aashay B. Topiwala i/by Ms.Anjali Patil, Advovate for applicant. Mr.H.J.Dedhia, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 8th March 2022 PC :

1.

This is second application for suspension of sentence and grant of bail. Previous application was rejected by this Court vide order dated 21st October 2020. Learned counsel for applicant, on instructions, submit that he would not press this application for bail. However, since the applicant is in custody for a period of more than five years and paper book is ready, the appeal may be listed for final hearing.

2.

While rejecting the previous application for suspension of sentence this Court by order dated 21st October 2020 had directed that hearing of appeal is expedited. After the paper is ready the applicant will be at liberty to apply for fixing the date of hearing. MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.03.10 10:46:42 +0530 3.

Office note indicate that paper book is ready. Considering the aforesaid circumstances I pass following order :

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ORDER

(i) Prayer for suspension of sentence in Interim Application No.567 of 2022 is not pressed;

(ii) Criminal Appeal No.1474 of 2019 be listed on final hearing board commencing from 28th March 2022;

(iii) Interim Application No.567 of 2022 is disposed of. (PRAKASH D. NAIK, J.) MST