Dasharath Kisan Jadhav v. The State Of Maharashtra

15.APL.1972.2018.doc SHRIKANT SHRINIVAS MALANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SHRIKANT SHRINIVAS MALANI Date: 2022.10.04 15:00:37 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1972 OF 2018 IN CRIMINAL APPEAL NO. 1542 OF 2018 WITH CRIMINAL APPEAL NO. 1542 OF 2018 WITH CRIMINAL APPLICATION NO. 1972 OF 2018 Dasharath Kisan Jadhav ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL APPEAL NO. 65 OF 2019 Ramdas Pandurang Aher ...Appellant

Versus

The State of Maharashtra

...Respondent

***  Mr. Swapnil Ovalekar, Advocate for the Applicant & Appellant in Criminal Appeal No. 1542 of 2018.

 Mr. Chetan Alia, Advocate for Appellant in Criminal Appeal No. 65 of 2019.

 Ms. P.P.. Shinde, APP, for the Respondent - State in Criminal Application No. 1972 of 2018.

*** CORAM : PRASANNA B. VARALE & N. R. BORKAR, JJ.

DATE : SEPTEMBER 28, 2022.

P. C. :

1.

Learned Counsel Mr. Ovalekar submitted that he is not pressing the application for grant of Bail.

2.

Learned Counsel further submitted that the case of prosecution rests on circumstantial evidence and the prosecution firstly failed to establish the circumstances against the applicant / Shrikant

15.APL.1972.2018.doc appellant and secondly the chain connecting these circumstances also could not establish by the prosecution. Thus, the submissions of learned Counsel Mr. Ovalekar is that the conviction and sentence awarded to the applicant / appellant is erroneous. Learned Counsel thus, on these submissions prayed for early hearing of the appeal. 3.

The learned Counsel for other co-accused who is also appointed by Legal Aid Services Authority and the learned Counsel appointed to represent the applicant / appellant submitted that the other appeal is also ready for hearing. Both Learned appointed Counsel submitted that copy of paper book is not received by them. 4.

Accordingly, Office is directed to provide copy of paper book to both learned appointed Counsel to represent the appellant in respective appeals.

5.

List both these appeals for hearing in the week commencing from 14th November, 2022.

6.

The Bail Application is disposed of as not pressed. (N. R. BORKAR, J.) (PRASANNA B. VARALE, J.) Shrikant