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Bombay High CourtIA/1098/2019allowed to be withdrawn

Raju @ Abdul Haq Shaikh Mohammed Hanif v. The State Of Maharashtra And ANR

2022-03-28Hon'Ble Shri Justice Prakash D. Naik2 pages

31. IA-1433-2020-in- APEAL-23-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1433 OF 2020 IN CRIMINAL APPEAL NO. 23 OF 2020 Raju @ Abdul Haq Shaikh Mohammed Hanif ...Applicant/Appellant

Versus

The State Of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 1098 OF 2019 IN CRIMINAL APPEAL NO. 23 OF 2020 Raju @ Abdul Haq Shaikh Mohammed Hanif ...Applicant/Appellant

Versus

The State Of Maharashtra And Anr.

...Respondents

....

Mr. Keshav Chavan i/by Ms. Jayshree L. Randhaye, Advocate for the Applicant/Appellant.

Mr. Rahul Shirgavkar i/by Ms. Javi V. Kanade, Advocate for Respondent No.2.

Mr. Arfan Sait, APP for the Respondent - State. Mr. Subhash Savant (PSI) Nirmal Nagar Police Station, Present.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

28th MARCH, 2022.

PER COURT :

1.

The applicants/appellants has been convicted for offences under the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and sentenced to suffer imprisonment by SAJAKALI LIYAKAT JAMADAR Date:

2022.03.29 16:13:47 +0530 Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR

31. IA-1433-2020-in- APEAL-23-2020.doc for10 years. He is in custody for a period of about 4 years. The previous order passed by this Court indicate that the applicant/appellant may move the Court for listing the appeal for hearing after the paper book is ready. Vide order dated 9th April, 2021 it was directed that the appeal be listed for hearing in the week commencing from 3rd May, 2021. Thereafter, by order dated 15th November, 2021 it was directed that the appeal be listed on 17th November, 2021 at the end of admission of board. Paper book has been received by both the sides.

2.

Learned counsel for the applicant/appellant submits that the appeal may be listed for hearing immediately and in view of circumstances, the applications preferred by the applicant seeking suspension of sentence may be allowed to be withdrawn. 3.

In these circumstances, the registry shall place this appeal on the final hearing board commencing from 4th April, 2022. The appeal be listed 'High on Final Hearing Board'. 4.

Interim application Nos.1433 of 2020 & 1098 of 2019 are allowed to be withdrawn and stand disposed off accordingly. (PRAKASH D. NAIK, J.) Sajakali Jamadar