Ganesh Bachhu Valavi v. State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1531 OF 2016 IN CRIMINAL APPEAL (ST) NO.832 OF 2016 WITH CRIMINAL APPLICATION NO.1532 OF 2016 IN CRIMINAL APPEAL (ST) NO.832 OF 2016 WITH CRIMINAL APPEAL (ST) NO.832 OF 2016 Ganesh Bachhu Valavi ......Applicant V/s.
The State of Maharashtra .......Respondent Mr. Swapnil Ovalekar, Advocate appointed for the Applicant.
Mr. H.J.Dedhia, APP for Respondent-State.
CORAM :
CORAM : SMT. V.K. TAHILRAMANI, & SMT. V.K. TAHILRAMANI, & SANDEEP K. SHINDE, JJ.
SANDEEP K. SHINDE, JJ.
DATE :
DATE :
AUGUST 4, 2017.
AUGUST 4, 2017.
P.C. :
P.C. :
Applicant/Original Accused No.1 was convicted by Applicant/Original Accused No.1 was convicted by judgment and order dated 18.2.2016 passed by the learned judgment and order dated 18.2.2016 passed by the learned Additional Sessions Judge, Thane in Sessions Case NO.581 of Additional Sessions Judge, Thane in Sessions Case NO.581 of 2014. By the said judgment and order, the learned Sessions 2014. By the said judgment and order, the learned Sessions Judge convicted and sentenced the applicant/original accused Judge convicted and sentenced the applicant/original accused no.1 under Section 302 read with Section 34 of IPC. no.1 under Section 302 read with Section 34 of IPC.
* 2/7 * 903-APPA-1531-2016.doc The applicant has preferred Criminal Appeal (ST) The applicant has preferred Criminal Appeal (ST) NO.832 of 2016 impugning the said judgment and order. As NO.832 of 2016 impugning the said judgment and order. As there is delay in filing the said appeal, Criminal Application there is delay in filing the said appeal, Criminal Application No.1531 of 2016 has been preferred by the applicant for No.1531 of 2016 has been preferred by the applicant for condonation of delay. The applicant has also preferred Bail condonation of delay. The applicant has also preferred Bail Application No.1532 of 2016 in Appeal (St) No.832 of 2016 Application No.1532 of 2016 in Appeal (St) No.832 of 2016 wherein he has prayed for bail. The Appeal, i.e., Criminal Appeal wherein he has prayed for bail. The Appeal, i.e., Criminal Appeal (ST) No.832 of 2016 along with application no.1531 of 2016 and (ST) No.832 of 2016 along with application no.1531 of 2016 and 1532 of 2016 are pending for 'Admission'.
1532 of 2016 are pending for 'Admission'.
Office record shows that the applicant/original Office record shows that the applicant/original accused no.1 against the very same judgment and order has accused no.1 against the very same judgment and order has preferred Criminal Appeal No.325 of 2017. The said appeal has preferred Criminal Appeal No.325 of 2017. The said appeal has already been admitted by this Court by order dated 13.4.2017. already been admitted by this Court by order dated 13.4.2017. Thus, now the applicant cannot be allowed to prefer second Thus, now the applicant cannot be allowed to prefer second appeal against the very same judgment and order. appeal against the very same judgment and order. In this view of the matter, Appeal (St) No.832 of In this view of the matter, Appeal (St) No.832 of 2016, Application No.1531 of 2016 and 1532 of 2016 cannot be 2016, Application No.1531 of 2016 and 1532 of 2016 cannot be considered. Hence, they are to be disposed of as infructuous. considered. Hence, they are to be disposed of as infructuous.
* 3/7 * 903-APPA-1531-2016.doc Office to communicate this order to the Office to communicate this order to the applicant/appellant who is in Nashik Road Central Prison, Nashik. applicant/appellant who is in Nashik Road Central Prison, Nashik. (SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J) (SMT. V.K. TAHILRAMANI, J)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.325 OF 2017 Ganesh Bachhu Valavi & Anr.
......Appellants V/s.
The State of Maharashtra .......Respondent Mr. Swapnil Ovalekar, Advocate appointed for the Appellants.
Mr. H.J.Dedhia, APP for Respondent-State.
CORAM :
CORAM : SMT. V.K. TAHILRAMANI, & SMT. V.K. TAHILRAMANI, & SANDEEP K. SHINDE, JJ.
SANDEEP K. SHINDE, JJ.
DATE :
DATE :
AUGUST 4, 2017.
AUGUST 4, 2017.
P.C. :
P.C. :
This appeal has been preferred by Ms. Sarojini This appeal has been preferred by Ms. Sarojini Upadhyay. However, she has expired. It is seen that both the Upadhyay. However, she has expired. It is seen that both the accused persons have sent letters to the Legal Aid Cell to accused persons have sent letters to the Legal Aid Cell to appoint advocate in their appeal from the Legal Aid Panel. appoint advocate in their appeal from the Legal Aid Panel. In this view of the matter, we appoint advocate Mr. In this view of the matter, we appoint advocate Mr. Swapnil Ovalekar who is on the panel of advocates of the High Swapnil Ovalekar who is on the panel of advocates of the High Court Legal Services Committee to represent both the Court Legal Services Committee to represent both the appellants in Criminal Appeal No.325 of 2017. appellants in Criminal Appeal No.325 of 2017.
* 5/7 * 903-APPA-1531-2016.doc Place the Criminal Appeal No.325 of 2017 for final Place the Criminal Appeal No.325 of 2017 for final hearing in regular course.
hearing in regular course.
(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J) (SMT. V.K. TAHILRAMANI, J)
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