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Bombay High CourtIA/2994/2022allowed to be withdrawn

Shekhar Ajit Sarkar v. The State Of Maharashtra And ANR.

2023-04-18Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 10 IA 2994-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2994 OF 2022 IN CRIMINAL APPEAL NO. 903 OF 2022 WITH INTERIM APPLICATION NO.2996 OF 2022 IN CRIMINAL APPEAL NO. 903 OF 2022 Shekhar Ajit Sarkar ..

Applicant

Versus

The State of Maharashtra & Anr ..

Respondents ...

Mr. V.S.Tiwari with Priti Tiwari for the applicant. Ms.Tripty M. Kapadia for respondent no.2.

Mr.Y.M. Nakhawa, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 18th APRIL 2023 P.C:- On expressing my disinclination to entertain the Interim Applications seeking suspension of sentence and release of the applicant on bail, learned counsel seek permission to withdraw the Interim Applications.

Learned counsel would however, submit that the Appeal which is admitted, would take considerable time for hearing, and as on date, the appellant has undergone five years 6 Tilak

2/2 10 IA 2994-22.doc months of incarceration and he has been sentenced to undergo RI for 10 years.

He, therefore, request for fixing the Appeal for hearing by a fixed date.

Considering the aforesaid request, in the backdrop of the fact that more than half of the sentence has been undergone by the appellant, and since the R & P and paper book is also received in the Registry, I therefore, direct listing of the Appeal for final hearing on 27/6/2023.

Learned counsel for the appellant as well as the counsel for respondent no.2 and the learned APP shall collect the paper book from the Registry.

( SMT. BHARATI DANGRE, J.) Tilak