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Bombay High CourtIA/2232/2021dismissed

Sudhakar Vasant Patil v. The State Of Maharashtra

2021-09-15Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 7_IA_2232_2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by MEGHA S PARAB Date:

2021.09.17 10:51:29 +0530 INTERIM APPLICATION NO.2232 OF 2021 IN CRIMINAL APPLICATION NO.564 OF 2018 IN CRIMINAL APPEAL NO.502 OF 2013 MEGHA S PARAB Sudhakar Vasant Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Rajeev Kumar with Mr. Aditya Parmar for the Applicant. Mr. S.V. Gavand, APP for the Respondent -State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 15th SEPTEMBER, 2021.

P.C.:- By this application, the Applicant has sought suspension of order of conviction dated 26/04/2013 passed by learned Special Judge, Raigad at Alibad in Sessions Case No.12 of 2010. 2.

Earlier application being Interim Application No.564 of 2018 in Criminal Appeal No.502 of 2013 for suspension of conviction was dismissed by this Court on 20/04/2018. Said order was challenged before the Hon'ble Supreme Court in Special Leave to Appeal (Cri) No.5073 of 2018. Same was dismissed by the Hon'ble Supreme Court on 3/7/2018 with liberty to the Petitioner to make a motion before the 1/2

Megha 7_IA_2232_2021.doc High Court for expeditious hearing of the appeal. After the order of dismissal of the special leave to appeal, the Applicant fled review application being Criminal Application No.471 of 2019 to review the order dated 20/04/2018. Order dated 10/04/2019 passed by this Court clearly indicates that the Applicant had not pressed for any relief in review application and sought expeditious hearing. Said prayer was granted. Despite which, by this application the Applicant has once again fled this application for suspension of order of conviction. 3.

Application is not maintainable in view of the previous order passed by this Court as well as by the Apex Court and withdrawal of the review application. All that the Applicant is entitled for is expeditious hearing of the appeal. It is stated that the appeal is already listed for fnal hearing on 27/09/2021. Application is therefore dismissed. (SMT. ANUJA PRABHUDESSAI, J.) 2/2