Abdul Ehadali @ Yadulla Shaikh v. The State Of Maharashtra

8_APEAL109_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.109 OF 2019 WITH CRIMINAL APPEAL NO.1707 OF 2019 Abdul Ehadali @ Yadulla Shaikh ...

Appellant Vs.

State of Maharashtra ...

Respondent Mr. Bharat Kishore Manghani for Appellant in Cr. Appeal No.109 of 2019. Mr. Ratnesh Dube for Appellant in Cr. Appeal No.1707 of 2019. Mr. S. S. Hulke, APP for Respondent-State.

CORAM : S. S. SHINDE & SARANG V. KOTWAL, JJ.

DATE : APRIL 12, 2022 P.C. :

.

Both the appeals are arising out of the judgment and order dated 15.09.2018 passed by the Additional Sessions Judge, City Civil and Sessions Court for Greater Bombay in Sessions Case No.123 of 2014. It appears from the record that both the Appeals are admitted. 2.

In both the appeals, interim applications were filed to enlarge the appellant on bail during the pendency of the appeals. It further appears that Interim Application No. 1964 of 2018 filed in Criminal Appeal No.109 of 2019 for suspension of sentence and for releasing the appellant on bail was dismissed for want of prosecution and Interim Application No.2 of 2019 filed in Criminal Appeal No.1707 of 2019 was rejected on merits. 3.

Since both the appeals are arising out of the aforesaid judgment and order, practically, it may not be desirable to continue both the appeals and hear 1/2

8_APEAL109_19.doc different advocates appearing for the same appellant in the said appeals. 4.

In the aforesaid background, we deem it appropriate to dispose of the Criminal Appeal No.109 of 2019 with a clarification that the subject matter of Criminal Appeal No.1707 of 2019 would remain unaffected and this Court will decide Criminal Appeal No.1707 of 2019 on its own merits. 5.

Criminal Appeal No.109 of 2019 is disposed of accordingly. 6.

Registry is directed to place the paper book as also record and proceedings received by it with Criminal Appeal No.1707 of 2019 as and when the said appeal is taken up for hearing by this Court. 7.

Registry shall place Criminal Appeal No.1707 of 2019 in the weekly final hearing board commencing from 27.06.2022. (SARANG V. KOTWAL, J.) (S. S. SHINDE, J.) Minal Parab 2/2