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Bombay High CourtIA/267/2024rejected

Kishan Jayprakash Nagar v. State Of Maharashtra And ANR.

2024-04-04Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Shri Arif S. Doctor2 pages

1/2 903 ia 267 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.267 OF 2024 IN CRIMINAL APPEAL NO.790 OF 2022 Kishan Jayprakash Nagar .... Applicant

Versus

The State of Maharashtra and Anr.

.... Respondents .....

Mr.Amit Icham, Advocate for the Applicant/Appellant. Mr.V.B. Konde Deshmukh, Addl. P.P. for Respondent - State. Mrs.Farhana Shah, Appointed Advocate for Respondent No.2. .....

CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATED : 4th APRIL 2024.

P.C. :

This is the third application preferred by the applicant seeking suspension of his sentence and enlargement on bail, pending the hearing and final disposal of his aforesaid Appeal. Digitally signed by RAJESHRI PRAKASH AHER Date:

2024.04.15 13:09:17 +0530 RAJESHRI PRAKASH AHER Learned counsel for the Applicant does not dispute the fact that the first Bail Application was argued on merits, however, Rajeshri Aher

2/2 903 ia 267 of 2024.doc as the Court was not inclined to enlarge the Applicant on bail, the same was withdrawn, although the said order dated 23rd January, 2023, does not reflect the same. The said order is at Exhibit "C" at page No.61 of the Application. The said order is passed by the Bench of A.S. Gadkari and Prakash D. Naik, JJ. The second Bail Application was also dismissed in limine by the same Bench by order dated 17th March, 2023. The said order is at page 62 of the Application.

Considering the aforesaid judicial propriety requires that the present application also be placed before the same Bench i.e. the same Bench i.e. Bench of A.S. Gadkari and Prakash D. Naik, JJ.

Registry to take steps accordingly.

MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE J.

Rajeshri Aher