Mohd Asif Mohd Yusuf Kadari v. The State Of Maharashtra

P-2-CriAppln-1044-2024 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1044 OF 2024 IN CRIMINAL APPEAL NO. 389 OF 2007 Mohd. Asif Mohd. Yusuf Kadari Age 64 years, Occ. Service (Peon) R/o. Anjanshah Dada Society Plot No. 25/B, Chalisgaon Road, Dhule.

... Applicant versus The State of Maharashtra, Through Dy. Supdt. Of Police, Anti-Corruption Bureau, Dhule.

... Respondent .....

Mr. M. G. Kochar h/f Mr. B. R. Warma, Advocate for the Applicant. Mr. N. D. Batule, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

07 MARCH 2024 PER COURT :- 1.

Not on board. Upon mentioning, taken on board. 2.

The applicant who is convict for offence punishable under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 [PC Act], had preferred Criminal Appeal No. 389 of 2007 before this Court and vide judgment and order dated 14.02.2024, said appeal has been dismissed.

P-2-CriAppln-1044-2024 -23.

Now, vide instant application, the applicant/appellant is seeking four weeks time to surrender.

4.

Learned counsel for the applicant/appellant submits that applicant is the only male person in the family and he is jobless since 2007 and doing labour work for survival. He submits that applicant needs some time to arrange funds for his family affairs as well as fees required to engage Lawyer at Delhi since he has preferred SLP. 5.

Considering the above submissions and the reasons mentioned in the application, it would be appropriate to grant four weeks time to the applicant to surrender. Hence, I proceed to pass the following order :

ORDER

I.

The application is allowed.

II.

The effect, implementation and operation of the judgment and order dated 14.02.2024 in Criminal Appeal No. 389 of 2007 is stayed till 04.04.2024.

[ABHAY S. WAGHWASE, J.] vre