Balgonda Shivgonda Bhojkar v. The State Of Maharashtra

4-APPA- 358-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.358 OF 2018 IN CRIMINAL APPEAL NO.532 OF 2001 BALGONDA SHIVGONDA BHOJKAR )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Sagar Ruparel i/b. Mr.Ganesh Gole, Advocate for the Applicant. Mr.Prashant Jadhav, APP for the Respondent ­ State.

CORAM

:

A. M. BADAR, J.

DATE :

13th MARCH 2018 P.C. :

This is an application for early hearing of the appeal filed by the non­applicant herein i.e. State of Maharashtra challenging acquittal of the present applicant. Heard both sides. The learned Advocate for the applicant/ respondent in appeal submitted that the appeal is of avk 1/2

4-APPA- 358-2018.doc the year 2001 and the applicant is an aged person. The amount involved is Rs.250/­ and therefore, the appeal needs to be heard expeditiously.

The appeal is by the State challenging acquittal of the present applicant of offences punishable under Sections 7, 13(1) (d) read with 13(2) of the Prevention of Corruption Act. This court is hearing the appeals finally by giving priority to appeals wherein appellants are languishing behind bars for more than five years. Hearing of those appeals is going on and several such appeals are pending on the board for final hearing of this court. In view of the judgment of the Honourable Apex Court in the matter of Hussain vs. Union of India 1 the subject appeal, therefore, cannot be taken up for hearing.

The application is, therefore, rejected.

(A. M. BADAR, J.) 2017 (5) SCC 702 avk 2/2