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Bombay High CourtAPPA/1823/2013allowed to be withdrwan at final hearing stage

Nana @ Sandeep Tukaram Shinde v. The State Of Maharashtra

2016-04-01Hon'Ble Shri Justice A.M. Thipsay2 pages

Tilak 1/2 (905)APPA-1823-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1823 OF 2013 IN CRIMINAL APPEAL NO.1325 OF 2013 Nana @ Sandeep Tukaram Shinde .. Applicant

Versus

The State of Maharashtra .. Respondent ­­­ Mr.P.G. Sarda, Advocate for the applicant.

Mrs.M.R.Tidke, APP for the Respondent State. ­­­ CORAM : ABHAY M. THIPSAY, J.

DATED : 1st APRIL 2016 ­­­ P.C. :

Heard.

My attention is drawn to the order dated 13th August 2014 passed by this Court. Pursuant to that order, a paper book has now been furnished. The Appeal is ready for final hearing. However, it cannot be heard before June 2016. Since the Appeal is being listed for final hearing in the month of June 2016, the learned counsel for the applicant does not press the application for suspension of sentence. He, however, submits that liberty be granted to seek suspension of sentence afresh if the Appeal for some reason, cannot be heard expeditiously. This is fair and reasonable.

Tilak 2/2 (905)APPA-1823-13 The Appeal is directed to be listed for final hearing in the week commencing from 13th June 2016. In view of this, the application for suspension of sentence is allowed to be withdrawn and stands dismissed.

Liberty to the applicant to seek suspension of sentence, afresh in the event of the appeal not being taken up for final hearing in the month of June 2016.

(ABHAY M.THIPSAY, J)