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Bombay High CourtAPPLN/629/2015others disposed off

Pradeep Jaydev Ghosh v. The State Of Maharashtra

2017-07-12Hon'Ble Justice Revati Mohite Dere3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.629 OF 2015 (Through Jail) Pradeep Jaydev Ghosh .Applicant Vs.

The State of Maharashtra .Respondent Mr.Ashish Sawant, Amicus Curiae for the Applicant Ms A. Malhotra, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

12.07.2017 P.C.

.

Heard learned counsel for the parties.

2.

This is Application filed by the Applicant, through jail.

3.

Learned counsel Mr.Sawant, has been appointed as Amicus Curiae to espouse the cause of the Applicant.

4.

By this Application, the Applicant

seeks reduction of the sentence and fine imposed on him in the following cases i.e. (i) S.C.No.54 of 2014 (arising out of C.R.No.15 of 2013 registered with the Dombivali Police Station for the offences punishable under Sections 328 & 380 of the Indian Penal Code); (ii) S.C.No.49 of 2014 (arising out of C.R.No.140 of 2013 registered with the Matunga Police Station for the offences punishable under Sections 328 & 379 of the Indian Penal Code) and (iii) S.C.No.48 of 2014 (arising out of C.R.No.209 of 2013 registered with the Matunga Police Station for the offences punishable under Sections 328 & 379 of the Indian Penal Code).

5.

Perused the papers. The relief sought, cannot be granted by way of this Application. The appropriate remedy for the Applicant is, to file a substantive Appeal in each of the aforesaid three cases. It may be noted that as far as C.C.No.1556/PW/2013 is concerned, the

remedy as noted in the Order dated 07.01.2016, passed by this Court (CORAM : SMT. ANUJA PRABHUDESSAI, J.) is to file substantive Appeal before the Sessions Court. It is made clear, that the aforesaid C.C.No.1556/PW/2013 cannot be clubbed with the other cases which were pending before the Sessions Court.

6.

It is made clear, that Cri.

Appln.No.487 of 2015 preferred by the Applicant through jail has already been disposed of vide Order dated 07.01.2016. The Applicant is always at liberty to adopt appropriate proceedings.

7.

Accordingly, the aforesaid Application is also disposed of. Registry to communicate the said order to the Applicant, who is lodged in Taloja Central Prison.

(REVATI MOHITE DERE, J.)