Anil S/O Motiram Dhudas v. State Of Mha. Thr. Pso Ps Kalmeshwar Nagpur

28-apeal-686-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APPA) No. 284 of 2024 in Criminal Appeal No. 686 of 2022 Anil S/o Motiram Dhudas

Versus

State of Maharashtra through Police Station Officer, Police Station Kalmeshwar, Nagpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.D.Chande, Advocate for the applicant Ms. Kalyani Marpakwar, APP for the non-applicant/State CORAM : SMT. VIBHA KANKANWADI & MRS. VRUSHALI V. JOSHI, JJ.

DATED : 1st JULY, 2024.

This application is second application for suspension of sentence. Earlier applicant had filed application No. 896 of 2022 for suspension of sentence. This Court has categorically observed that "This Court when expressed its non-inclination to suspend the execution of sentence......" Thereupon, the said application was withdrawal.

2.

Under said circumstance, this Court cannot review his order as there is no such provisions, therefore, the second application is not maintainable, stands disposed of.

Criminal Appeal No. 686 of 2022 1.

Learned advocate for the applicants points out the order dated 8th February, 2023 thereby upon dispensing the printing of SKNair

28-apeal-686-22.odt paper book, this Court had directed the appeal be listed. According to him, however, unfortunately, the matter could not be listed. The appellant is in jail since 2015. It appears that though the printing of paper book is dispensed with and the appellant has provided the copies of deposition, statement under Section 313 of the Code of Criminal Procedure, yet other copies of exhibited documents have not been supplied and therefore we direct the learned advocate for the appellant to provide the other copies of exhibited documents within the period of four weeks to the learned APP. It will be helpful to this Court as though the R & P is received it would be convenient to have two sets of those documents.

2.

List the matter for final hearing on 9th August, 2024. [ MRS. VRUSHALI V. JOSHI, J.] [SMT. VIBHA KANKANWADI, J.] SKNair