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Bombay High CourtAPPA/982/2018others disposed off

Arvind Vijeta Mittal And ANR v. Union Of India And ANR

2018-10-15Hon'Ble Shri Justice A.M. Badar2 pages

39-APPA-982-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.982 OF 2018 IN CRIMINAL APPEAL NO.160 OF 2013 ARVIND VIJETA MITTAL AND ANR.

)...APPLICANTS V/s.

UNION OF INDIA AND ANR.

)...RESPONDENTS Mr.M.G.Shukla, Advocate for the Applicant.

Ms.Ameeta Kuttikrishnan, Advocate for Respondent No.1. Mrs.M.R.Tidke, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

15th OCTOBER 2018 P.C. :

The learned counsel for the applicants/accused submits that early hearing of the subject appeal is necessary because conviction is recorded on the basis of arithmetical error. I have considered the submission so advanced. The applicants/accused are already on bail. In view of the judgment avk 1/2

39-APPA-982-2018.doc of the Honourable Supreme Court in the matter of Hussain and Another vs. Union of India 1 and as several appeals in which the appellants have already undergone jail sentence of more than 5 years are pending before this court, no early hearing can be granted.

The application is therefore rejected.

(A. M. BADAR, J.) 2017(5) SCC 702 avk 2/2