Mohammed Rafiq Shahabuddin Shaikh v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1281 OF 2017 IN CRIMINAL APPEAL NO. 731 OF 2013 Mohammed Rafiq Shahabuddin Shaikh ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr. S.A.Ingawale, for the applicant.

Mrs.P.P.Shinde, APP,for the State.

CORAM:

RANJIT MORE & SMT.SADHANA S.JADHAV, JJ.

DATE : 25th September, 2017.

P.C.

The application is filed for bail during the pendency of the Appeal and in the alternative, for early hearing of the above Appeal. 2.

Earlier, the application filed by the applicant bearing No.614 of 2013 came to be rejected by this Court by a speaking order dated 8.8.2013. No change of circumstance is pointed out. Therefore, we are not inclined to consider the applicant's prayer for bail.

3.

So far as the alternative prayer for early hearing of the Appeal is concerned, Mr.Ingawale, learned counsel for the applicant, points out and the learned APP does not dispute that the applicant is in custody for last ten years and has not availed the facility of parole.

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In these circumstances, we are of the opinion that this is a fit case for grant of early hearing of the Appeal. The Registry is directed to place the above Appeal for final hearing on the weekly board commencing from 13.11.2017. The Application is disposed of. [SMT. SADHANA S.JADHAV, J.] [RANJIT MORE,J.)