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Bombay High CourtAPPLN/647/2021disposed off

Tulshidas Yemaji Zaveri v. The State Of Maharashtra

2024-06-28Hon'Ble Shri Justice Abhay S. Waghwase2 pages

CriAppln-647-2021 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 647 OF 2021 IN CRIMINAL APPEAL NO. 267 OF 2007 Tulshidas s/o Yemaji Zaveri Aged : 61 years, Occu. Nil, R/o. Solapur, Tq. & Dist. Solapur.

... Applicant [Ori. Accused No.1]

Versus

The State of Maharashtra ... Non-Applicant .....

Mr. S. P. Nimbalkar h/f Mr. V. R. Dhorde, Advocate for the applicant. Mr. Rajdeep D. Raut, APP for the Respondent-State. .....

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

28.06.2024 ORDER :

1.

This is an application for fixing Criminal Appeal No. 267 of 2007 for early hearing.

2.

According to learned counsel for the applicant, against judgment and order of conviction dated 03.07.2007 for offence punishable under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 [PC Act], appeal has been preferred and the same is numbered as Criminal Appeal No. 267 of 2007. That, applicant is suffering from different ailments and hence, he prays for early hearing.

CriAppln-647-2021 -23.

Learned APP pointed out that final hearing matters of year 2002-2005 are now listed for hearing. That, instant appeal is of the year 2007 and moreover, according to him, though medical ground is pressed, no papers are placed on record to that extent and there is no special case made out for out-of-turn hearing. 4.

Heard.

5.

This is an application for early hearing of the appeal on account of conviction recorded for offence under Sections 7, 13(1)(d) r/w 13(2) of the PC Act. Apparently, conviction is of 03.07.2007. Early hearing is sought on medical ground. However, no medical papers are annexed. As on today, no exigency is made out to take the matter out of turn. No good and special ground being made out, application for early hearing cannot be considered. Hence, following order is passed:

ORDER

The application is rejected.

[ABHAY S. WAGHWASE, J.] vre