Santosh Vishnu Jugdar v. The State Of Maharashtra And ANR

7_APEAL_976_23 & ors.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 976 OF 2023 Jishan @ Ishan Hamaja Ali Kureshi ...

Appellant vs.

The State of Maharashtra and another ...

Respondents WITH CRIMINAL APPEAL NO. 1165 OF 2023 WITH INTERIM APPLICATION NO. 3504 OF 2023 IN CRIMINAL APPEAL NO. 1165 OF 2023 WITH CRIMINAL APPEAL NO. 976 OF 2024 WITH INTERIM APPLICATION NO. 4960 OF 2024 IN CRIMINAL APPEAL NO. 976 OF 2024 Ms. Vrushali Maindad for appellant in APEAL/976/23. Mr. Vignesh Ashokan, i/b. Mr. Sachin H. Deokar for applicant/appellant in IA/3504/23 in APEAL/1165/23.

Ms. Sangita Phad, APP for respondent No.1-State in all appeals. Mr. Nitin Karhale, i/b. Mr. Jugal Kanani for respondent No.2 in APEAL/1165/23.

Mr. Nitin Karhale, i/b. Mr. Advait Tamhankar for respondent No.2 in APEAL/976/24.

CORAM : MANISH PITALE & MANJUSHA DESHPANDE, JJ DATE :

18th NOVEMBER, 2025 P.C. :

.

These are three appeals arising out of the same judgment and order passed by the trial Court.

Digitally signed by PRIYA KAMBLI Date:

2025.11.18 17:18:11 +0530 PRIYA KAMBLI 1/2

7_APEAL_976_23 & ors.doc 2.

In Appeal No.976 of 2023, a judgment and order was passed on 18.09.2024, when the application for suspension of sentence, was listed and upon hearing the counsel, the appeal itself was rejected and disposed of.

3.

On a challenge raised on behalf of the appellant in the said appeal, the Supreme Court, by order dated 28.07.2025, set aside the judgment of this Court, only on the ground that while the application for suspension of sentence was listed, the entire appeal was heard and dismissed. In that light, Criminal Appeal No.976 of 2023 was restored.

4.

In the said order dated 28.07.2025, passed in Criminal Appeal arising out of Special Leave Petition (Criminal) No. 5544 of 2025, the Supreme Court clarified that dismissal of application for suspension of sentence made on behalf of the appellant in the said appeal, was not interfered with and a further direction was given that since all these appeals arise out of the same judgment and order of the trial Court, they should be heard together.

5.

In that light, we direct that these appeals shall be included in the list of final hearing matters, for the week commencing on 01.12.2025.

(MANJUSHA DESHPANDE, J.) (MANISH PITALE, J.) Priya Kambli 2/2