Ganesh S/O. Bapurao Kundale v. The State Of Maharashtra

criwp193.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 193 OF 2016 Ganesh s/o Bapurao Kundale, Age: 29 years, Occu: At present Nil, R/o: Moti Nagar, Latur, Taluka and District Latur ..PETITIONER

VERSUS

The State of Maharashtra ..RESPONDENT Mr R. S. Deshmukh, Advocate for petitioner;

Mr R. V. Dasalkar, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 11th April, 2016 ORAL ORDER :

The learned Judicial Magistrate First Class, Latur, convicted the present petitioner by the judgment and order dated 17th March, 2015 passed in R.C.C. No. 34 of 2013 for the offences punishable under Sections 353, 341, 294 and 504 of the Indian Penal Code, against which Criminal Appeal bearing No. 29 of 2015 is pending on the file of learned Sessions Judge, Latur. The learned Sessions Judge, Latur, by an order dated 22th January, 2016 has partly allowed his application under Section 389 of Code of Criminal Procedure - Exh. 18, however, prayer for suspension of sentence is rejected.

criwp193.16 (2) 2.

After having heard the matter for sometime, Mr. Deshmukh, learned Counsel appearing on behalf of the petitioner submits that in the fitness of the things, if prayer of suspension of sentence is rejected, the Court may consider the prayer of petitioner for expediting the hearing of Criminal Appeal.

3.

The learned Addl. Public Prosecutor has not objected the same. In my opinion, since the prayer is reasonable one, it will be appropriate to grant the same.

4.

Hearing of the Criminal Appeal bearing No. 29 of 2015 (Ganesh S/o Bapurao Kundale Vs. The State of Maharashtra) pending on the file of learned Sessions Judge, Latur is expedited and it is directed that the said appeal be decided preferably within nine months from the date of receipt of this order.

(N.W. SAMBRE, J.) sjk