Ravi Patil Presently Lodged In Judicial Custody Central Jail And ANR v. State Thr Pp And ANR

Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPEAL NO.1 OF 2023 WITH CRIMINAL MISCELLANEOUS APPLICATION NO.2 OF 2023 IN CRIMINAL APPEAL NO.1 OF 2023 Aniket Yallurkar presently lodged in judicial custody Central Jail And Anr.

... Appellants

Versus

State thr. PP And Anr.

..Respondents AND CRIMINAL APPEAL NO.2 OF 2023 WITH CRIMINAL MISCELLANEOUS APPLICATION NO.3 OF 2023 IN CRIMINAL APPEAL NO.2 OF 2023 Ravi Patil presently lodged in judicial custody Central Jail And Anr.

... Appellants

Versus

State thr. PP And Anr.

..Respondents Mr Alphy D'Souza, Advocate for the Appellants. Mr Shailendra G. Bhobe, Public Prosecutor for the State

CORAM:

M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED :

18th JANUARY 2023

P. C.

Heard Mr Alphy D'souza, learned counsel for the appellants and Mr Bhobe, learned Public Prosecutor for the State. 2.

Both these appeals are admitted. Call for Records and Proceedings. Registry to prepare the paper-book at the earliest. After the paper-books are ready, place the appeals for final hearing immediately.

3.

We direct that this exercise of preparation of paper-books and placing the appeals for final hearing should be completed as early as possible and not later than 4 weeks from today. 4.

Mr Alphy D'Souza, learned counsel for the appellants prays for suspension of sentences. He points out that the appellants have already served about 10 years. He states that the appellants have a good case to succeed on merits since the prosecution has failed to prove their guilt beyond reasonable doubt. For all these reasons, he submits that the sentences be suspended.

5.

Admittedly, during trial, as the appellants were armed with the presumption of innocence, they were out on bail. The Sessions Court has convicted the appellants, inter alia, for offence under Section 302 of I.P.C. We have expedited the hearing of the above appeals. Considering all these facts, prayer for suspension of sentences cannot

be considered.

6.

The Criminal Miscellaneous Applications seeking suspension of sentences are, therefore, dismissed.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

REBELLO Date: 2023.01.18 18:46:03 +05'30'

MARIA SUZANA REBELLO