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Bombay High CourtAPPA/636/2015others disposed off

Ramprasad @ Chhangru @ Amit Bhagwati @ Lakhapati Choudhari @ Amit Choudhary v. The State Of Maharashtra

2015-07-06Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice P.V. Hardas2 pages

APPA 636.15.sxw JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 636 OF 2015 IN CRIMINAL APPEAL NO. 763 OF 2014 Ramprasad @ Chhangru @ Amit Bhagwati @ Lakhapati Choudhari @ Amit Chaudhary.

... Applicant.

V/s.

The State of Maharashtra.

... Respondent.

Mrs. Farhana Shah, Appointed Advocate for the Applicant. Mrs. Sangeeta D. Shinde, APP for the State.

CORAM : P.V. HARDAS & A.S. GADKARI, JJ.

JULY 6, 2015.

P.C. :- By this Application the Applicant/Appellant in Criminal Appeal No. 763 of 2014 seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the Appeal.

2.

We have heard Mrs. Farhana Shah, learned Counsel appointed for the Applicant and the learned APP. In the light of the evidence of the witnesses who had seen the Applicant emerging from the room of the deceased carrying blood stained scissor and blood stained clothes, we are not inclined

APPA 636.15.sxw to suspend the substantive sentence of imprisonment and release the Applicant on bail. It appears that the Applicant was not on bail during trial. However, since the Applicant has undergone nearly 10 years of imprisonment, we direct that the Appeal filed by the Applicant be listed for final hearing before the Court as soon as the paper-book is received. 3.

Application is dismissed with the aforesaid directions.

(A.S. GADKARI, J.) (P.V. HARDAS, J.)