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Bombay High CourtAPPA/923/2018others disposed off

Raju Appasaheb Patil v. The State Of Maharashtra

2019-04-22Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

1 of 2 18.APPA.923.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.923 OF 2018 IN CRIMINAL APPEAL NO.227 OF 2017 Raju Appasaheb Patil Applicant versus The State of Maharashtra Respondent Mr.Sharad Bhosale I/by Dilip Bodake for applicant. Mr.Arfan Sait, APP, for State.

CORAM :

B.P.DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATE : 22nd April 2019 PC :

1.

Learned counsel appearing for applicant-convict is seeking time as instructions are still awaited. Learned APP invited our attention to application dated 1st March 2018, which has been registered as Criminal Application No.923 of 2018. He points out that on 4th March 2019 this Court has found medical certificate in support of illness of wife stale and hence liberty was given to the applicant to produce fresh medical certificate. That certificate is still not supplied. He further invites our attention to other order passed on Criminal Application No.1427 of 2018 which takes note of the fact that applicant had already put in six and half years in jail. The registry was directed to list Criminal Application No.1427 of 2019 in third week of July-2019 since by said date the applicant would have put in more than seven years of imprisonment. 2.

Learned counsel for applicant states that the order on Criminal Application No.923 of 2018 was to be served on the prisoner in jail

2 of 2 18.APPA.923.2018.doc and prisoner has been given opportunity to file fresh medical certificate.

3.

In this situation we list Criminal Application No.1427 of 2018 in third week of July-2019 as already directed. 4.

Insofar as Criminal Application No.923 of 2018 is concerned, we dispose off it with liberty to the applicant to apply afresh with proper medical certificate, if cause of action still survives. A copy of this order be served upon the prisoner in jail. (PRAKASH D. NAIK, J.) (B.P.DHARMADHIKARI, J.) MST