Pawan Nimba Patil v. The State Of Maharashtra

2024:BHC-AUG:7437 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1390 OF 2024 IN CRIMINAL APPEAL NO. 76 OF 2017 Pavan Nimba Patil Age :- 38 years, Occu - Nil, R/o - Dangri, Taluka Amalner, District :- Jalgaon.

... Applicant [Orig. Accused]

Versus

The State of Maharashtra Through Police Inspector, Anti Corruption Bureau, Taluka and District Jalgaon.

... Respondent .....

Mr. Krishna Uddhav Chaudhari, Advocate for the Applicant. Mr. D. J. Patil, APP for the Respondent-State. .....

CORAM :

ABHAY S. WAGHWASE, J.

Reserved on : 04.04.2024 Pronounced on : 08.04.2024 ORDER :

1.

This is an application for fixing Criminal Appeal No. 76 of 2017 for early hearing.

2.

According to learned counsel for the applicant, against judgment and order of conviction dated 03.02.2017 for offence punishable under Section 7 of the Prevention of Corruption Act, 1988

-2- [PC Act], appeal has been preferred and the same is numbered as Criminal Appeal No. 76 of 2017. That, applicant is suffering from depression and is currently without work. That, applicant has heart ailments, medical papers of which are placed on record, and hence he prays for early hearing.

3.

Learned APP pointed out that final hearing matters of year 2004-2005 are now listed for hearing. That, instant appeal is of the year 2017 and moreover, according to him, though medical ground is pressed, 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 Section 7 of the PC Act. Apparently, conviction is of 03.02.2017. Early hearing is sought on medical ground. Papers of Breach Candy Hospital are annexed herewith. Discharge Summary shows that stay of applicant in hospital was said to be uneventful and he has been prescribed medicines. Coronary angiography report is also said to be normal with minor plaque. He has also undergone successful angioplasty in May 2023. Therefore, medical treatment and care is already received by the

-3applicant. 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