Somnath @ Sonya Vilas Kalbhor v. The State Of Maharashtra And ORS

JOHNSON GONSALVES Date: 2021.12.04 10:46:53 +0530 SMITA JOHNSON GONSALVES sg 1/2 903,904&905.wp4605,4614&4618-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4605 OF 2021 Shakil Kasim Shaikh ..

Petitioner v/s.

The State of Maharashtra & Ors.

..

Respondents WITH WRIT PETITION NO.4614 OF 2021 Yuvraj Bhagwan Dakhale ..

Petitioner v/s.

The State of Maharashtra & Anr.

..

Respondents WITH WRIT PETITION NO.4618 OF 2021 Somnath @ Sonya Vilas Kalbhor ..

Petitioner v/s.

The State of Maharashtra & Ors.

..

Respondents ....

Mr. Rahul Kadam, for the Petitioners.

Mrs. A.S. Pai, P.P., for Respondent State.

....

CORAM: NITIN JAMDAR & SARANG V. KOTWAL JJ.

DATE : 3 DECEMBER 2021.

P.C:- The Petitioners have already approached the Appellate Authority against the order of Respondent No.3. The learned Counsel for the Petitioners seeks a direction to the Appellate Authority to hear

sg 2/2 903,904&905.wp4605,4614&4618-21.doc the appeals of the Petitioners expeditiously. Such order would be against those who are waiting for their appeals to be heard and have filed their appeals before the appeals of the Petitioners. However, the Appellate Authority does have discretion to take matters out of turn if the Appellate Authority finds it necessary in the interest of justice and facts of a particular case. Therefore, appropriate course of action would be that the Petitioners apply to the Appellate Authority for taking their appeals early and out of turn and it is for the Appellate Authority to entertain their request and pass suitable orders. With these observations, the writ petitions are disposed of. (SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.)