Mangala Krushna Kamble v. The State Of Maharashtra

(09)APPA-1016-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.1016 of 2016 IN CRIMINAL APPEAL NO.497 OF 2015 Mangala Krushna Kamble ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.Abhijit P. Kulkarni, Advocate for the Applicant. Mr.P.H.Gaikwad-Patil, APP for the Respondent/State. ....

CORAM :

P. N. DESHMUKH J.

DATED :

20th OCTOBER 2016.

P.C.

Issue notice to respondent. Learned Additional Public Prosecutor accepts notice on behalf of respondent/State. Heard learned counsel for both sides.

Admittedly, earlier application for bail is considered by this Court and the same is rejected on merits by order dated 26/08/2015 (Coram : A.R.Joshi J). Learned counsel for the applicant further submitted that this court had orally directed applicant to move application afresh in case appeal is not heard within six months. Admittedly, no such order is on record. On the contrary, while rejecting the application, this court has observed that applicant is found Gaikwad RD 1/2

(09)APPA-1016-16 involved in heinous offence and, thus, is not entitled for suspension of sentence and for bail. Application is, thus, found not tenable. In the result, same stands disposed of as dismissed. At this stage, learned counsel for the applicant further submitted that applicant is convicted for five years rigorous imprisonment for the offence punishable under Section 307 of the Indian Penal Code, out of which he has undergone 19 months conviction.

In that view of the matter, applicant may apply for early haring of the Appeal.

(P. N. DESHMUKH J.) Gaikwad RD 2/2