Amin Alias Aftab Mehboob Hashmi v. State Of Maharashtra And ANR.

1/2 10 IA-664-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.664 OF 2022 IN CRIMINAL APPEAL NO.563 OF 2021 Amin alias Aftab Mehboob Hashmi ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents ...

Ms.Shabana M.A.Syed for the Applicant.

Ms.P.N.Dabholkar, A.P.P. for the State.

Ms.Savita Yadav, Appointed Advocate for the Respondent No.2. ...

CORAM: BHARATI DANGRE, J.

DATED : 17th MARCH, 2023 P.C:- 1.

Interim Application No.664 of 2022 is fled by the Appellant, who has instituted an Appeal in this Court, challenging the judgment in POCSO Special Case No.317 of 2018.

The present application seeks suspension of sentence and release of the Appellant on bail.

2.

However, the present application cannot be entertained as on 25/10/2021, this Court has already rejected Interim M.M.Salgaonkar

2/2 10 IA-664-22.odt Application No.2151 of 2021, seeking a similar relief, by recording that considering the nature of accusations against the Appellant as well as the evidence in support thereof, no case is made out for suspension of sentence.

Hence, Interim Application No.664 of 2022 stands dismissed.

3.

Considering the young age of the Appellant and the fact that he has taken a defence of existing love affair with the prosecutrix, and, since the record and proceedings is received, liberty is granted to the Appellant to seek circulation of the Appeal on re-opening of the Court, after Summer Vacation of 2023.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar