Amitkumar Surendrakumar Jaiswal v. The State Of Maharashtra

1-ia-1967-2024.doc PALLAVI MAHENDRA WARGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PALLAVI MAHENDRA WARGAONKAR Date: 2024.05.10 19:39:26 +0530 CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1967 OF 2024 IN CRIMINAL APPEAL NO.815 OF 2018 Amitkumar Surendrakumar Jaiswal ...Applicant vs.

The State of Maharashtra

...Respondent

***** Mr. Adithya Iyer a/w Ms. Swarali Joglekar, Solicitor Virendra Pereira, Aneesha Munshi, Palak Jain, Nitesh Menon, Niyati Daronali i/b. Divya Shah Associates, Advocate for Applicant. Mr. H.J. Dedhia, APP for State.

***** CORAM : S. M. MODAK & R.N. LADDHA, J.

DATE : 10th MAY 2024 P. C. :- 1.

Heard learned Advocate for the Applicant and learned APP. 2.

It is true that the Hon'ble Supreme Court has granted liberty to the Applicant to move before this Court if the Appeal is not heard by the Appellate Court. This order was passed on 11th February 2019 (page 340 of IA). It is also true that earlier also the request was made Pallavi 1/2

1-ia-1967-2024.doc on the same ground by way of Interim Application No.2531 of 2022. That Interim Application was withdrawn because Division Bench was not inclined to grant bail (page 342).

3.

This Interim Application is filed for the reason that now the Applicant has undergone 10 years of the sentence. In support of that contention, he relied upon the following judgments:- a.

Suleman vs. The State of Uttar Pradesh b.

Sonadhar vs. The State of Chattisgarh 2 .

c.

Tushar vs. State of Maharashtra 3 and d.

Jitendra Dubey vs. State of Maharashtra 4 .

4.

It is true that there is rider if there are reasons to deny bail, bail cannot be claimed merely because 10 years sentence is undergone. 5.

Learned APP seeks time because he is not having Appeal paperbook. 6.

So let the matter be kept on 13th June 2024 at 4.30 pm. [R.N. LADDHA, J.] [S. M. MODAK, J.] Criminal Appeal No.491 of 2022 decided on 25.03.2022. Spl. Leave to Appeal (Crl.) No.529 of 2021 decided on 15.09.2022. Interim Application No.1325 of 2022 decided on 25.01.2024. Interim Application No.240 of 2024 decided on 08.02.2024. Pallavi 2/2