Mohd. Faisal Ataur Rahman Shaikh v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARAT DASHARATH PANDIT CRIMINAL APPELLATE JURISDICTION by BHARAT DASHARATH PANDIT Date: 2023.10.06 19:03:27 +0530 INTERIM APPLICATION NO.3558 OF 2023 IN CONFIRMATION CASE NO.2 OF 2015 Ehtesham Qutubuddin Siddique ..Applicant
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The State of Maharashtra ..Respondent WITH INTERIM APPLICATION NO.3559 OF 2023 IN CONFIRMATION CASE NO.2 OF 2015 Naveed Hussain Khan Rasheed Hussain Khan ..Applicant
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The State of Maharashtra ..Respondent WITH INTERIM APPLICATION NO.3560 OF 2023 IN CONFIRMATION CASE NO.2 OF 2015 Mohd. Faisal Ataur Rahman Shaikh ..Applicant
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The State of Maharashtra ..Respondent WITH INTERIM APPLICATION NO.3547 OF 2023 IN CONFIRMATION CASE NO.2 OF 2015 Asif Khan Bashir Khan @ Juned @ Abdulla ..Applicant
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The State of Maharashtra ..Respondent
WITH INTERIM APPLICATION NO.3561 OF 2023 IN CONFIRMATION CASE NO.2 OF 2015 Asif Khan Bashir Khan ..Applicant
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The State of Maharashtra ..Respondent ---- Dr. Yug Mohit Chaudhry i/by Gaurav Bhawnani for the Applicant in IA/3558/2023 in CONF/2/2015.
Mr. Abdul Hafeez Kotawala for the Applicant in IA/3560/2023 in CONF/2/2015.
Mr. Ansar Tamboli for the Applicant in IA/3559/2023 in CONF/2/2015.
Dr. Yug Mohit Chaudhry a/w Shifa Khan i/by Aditya Mehta for the Applicant in IA/3547/2023 & IA/3561/2023 in CONF/2/2015. Mr. Raja Thakare, Special Public Prosecutor (Senior Advocate) with A.M. Chimalkar, Siddharth Jagusthe, Aakash Kavade for the State. Ms. M.M. Deshmukh, APP for the Respondent/State. ---- CORAM : NITIN W. SAMBRE & N. R. BORKAR, JJ.
DATE : 6th OCTOBER, 2023 P.C.
1] Senior Advocate Mr. Raja Thakre, learned Special Public Prosecutor submits that he is willing to open the arguments on confirmation proceedings on 12th October, 2023. 2] As such, we deem it appropriate to direct the Registry to place
the matter i.e. Confirmation Case No.2 of 2015 on board on 12th October 2023 at 2.30 P.M with connected Criminal Appeals. 3] Office to clarify that no other matter shall be taken up by this Court in the second half of 12th October, 2023 and 13th October, 2023.
4] As regards the submission of learned Counsel Mr. Chaudhry that presence of accused is necessary at the time of hearing of confirmation and appeal proceedings having regard to voluminous record, we have called upon learned APP Mrs. Deshmukh to respondent to the same. Mrs. Deshmukh submitted that after taking instructions, appropriate submissions shall be made on 10th October, 2023.
5] As such list the Confirmation Case No.2 of 2015 with connected Criminal Appeals on 10th October, 2023 only for considering the said issue at 2.30 P.M.
6] So far as Interim Application No.3547 of 2023 in Confirmation Case No.2 of 2015 and Interim Application Nos.2742 of 2022, 683 of 2022 and 3520 of 2023 in Criminal Appeal No.71 of 2019 are concerned, same also be placed on board for consideration on 10th October, 2023 at 2.30 P.M.
7] As a sequel of above order, Interim Application Nos. 3558 of 2023, 3559 of 2023, 3560 of 2023, and 3561 of 2023 are not pressed and disposed of accordingly.
8] Request of learned APP Mrs. Deshmukh for making available spare copy of the paper-book be addressed and attended by Registrar Judicial (II) expeditiously.
[N. R. BORKAR, J.] [NITIN W. SAMBRE, J.]