Babudin Shakil Shaikh @ Mahim v. The State Of Maharashtra

bipin prithiani 6-ia-2964.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI Date: 2023.01.13 16:54:12 +0530 BIPIN DHARMENDER PRITHIANI INTERIM APPLICATION NO. 2964 OF 2022 IN CRIMINAL APPEAL NO. 210 OF 2020 Babudin Shakil Shaikh @ Mahim ...

Applicant/Appellant

Versus

The State of Maharashtra ...

Respondent ****** Mr. Mujahid Ansari for the Applicant/Appellant. Mrs. G. P. Mulekar, APP for the Respondent-State. ****** CORAM: NITIN W. SAMBRE AND R. N. LADDHA, JJ.

DATE : 12th JANUARY, 2023 P.C. :- .

This is an application taken out by the applicant claiming to be Juvenile.

2.

The said issue was already dealt with by the Sessions Court in the matter of the trial in which the applicant is convicted. The trial Court has placed reliance on the judgment delivered in Criminal Writ Petition No. 1977 of 2017 preferred by the applicant. In that view of the matter, the application does not warrant any consideration. The application stands rejected.

3.

However, the rejection of application will not preclude the applicant from arguing the said issue at the time of hearing of the appeal, which can be dealt with in accordance with law. [R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]