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Bombay High CourtAPPLN/2349/2022disposed off

Jilani Khaja Sikalkar And Another v. The State Of Maharashtra

2022-08-10Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rajesh S. Patil2 pages

cria2349.22 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 27 CRIMINAL APPLICATION NO.2349 OF 2022 IN APEAL/623/2020 JILANI KHAJA SIKALKAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Mr.S.S. Kazi Advocate for Applicants.

Mr.A.M. Phule, A.P.P. for Respondent - State. ...

CORAM: SMT. VIBHA KANKANWADI AND RAJESH S. PATIL, JJ.

DATE : 10th AUGUST, 2022 ORDER :

1.

Learned Advocate for the applicant submits that in view of the liberty granted by the Hon'ble Apex Court by order dated 18th November 2021 in Petition for Special Leave to Appeal (Cri.) No.8618 of 2021, present Application has been filed for suspension of sentence. The earlier application was rejected by this Court.

2.

Perusal of the order passed by the Hon'ble Supreme Court would make it clear that the Hon'ble Supreme did not consider

cria2349.22 the matter to be interfered with under Article 136 of the Constitution of India, however, liberty was granted to the applicants to renew the application for suspension of sentence before this Court, if the appeal is not heard within the reasonable time.

3.

Learned Advocate for the applicants submits that he is ready if the appeal is taken for final hearing. Learned APP also submits that he would be ready for the final hearing. Under such circumstance, place the Criminal Appeal No.623 of 2020 for final hearing on 25th August 2022, first on Board.

4.

With the above directions, Criminal Application stands disposed of.

[ RAJESH S. PATIL ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE asb/AUG22