Bhimrao Jagannath Koli v. The State Of Maharashtra

P.H. Jayani 32 APEAL429.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 429 OF 2015 WITH CRIMINAL APPLICATION NO.694 OF 2016 WITH CRIMINAL APPLICATION NO. 409 OF 2016 IN CRIMINAL APPEAL NO. 429 OF 2015 Bhimrao Jagannath Koli .... Appellant v/s.

The State of Maharashtra .... Respondent Mr. Ratnesh Dube for the Appellant.

Mr. S.V. Gavand, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 29th JULY, 2021.

P. C. :- ORDER IN CRIMINAL APPLICATION NO. 694 OF 2016 :- .

Mr. Ratnesh Dube, learned counsel for the Applicant has sought leave to produce copy of the disability certificate and his photograph. 2.

The disability certificate is totally torn. The Applicant has not assigned any reasons for not producing these documents before the Trial Court. The Applicant has nowhere stated in his statement under Section 313 of Cr.P.C. about the nature and extent of his disability. 1/2

P.H. Jayani 32 APEAL429.2015.doc Moreover, it has come on record that the Applicant was running a hotel. It was not even suggested to the witnesses that the Applicant was unable to do any business because of his disability or that the nature of disability is of such a nature that he was unable to lift even a can of kerosene. The Applicant has not been able to spell out the relevancy of the document. Under the circumstances, the Application has no merits and is accordingly dismissed.

ORDER IN CRIMINAL APPLICATION NO. 409 OF 2016 :- 3.

Since the Appeal is already taken up for final hearing, the Application no longer survives and is accordingly dismissed. Appeal be listed under the caption of 'part heard' on 02/08/2021. Digitally signed by PREETI H JAYANI Date:

2021.07.30 15:55:14 +0530 (SMT. ANUJA PRABHUDESSAI, J.) PREETI JAYANI 2/2