Tarik Arman Ali Shaikh v. The State Of Maharashtra And ANR

1 / 2 09-IA-3500-24-IN-APEAL-726-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3500 OF 2024 IN CRIMINAL APPEAL NO.726 OF 2022 WITH CRIMINAL APPEAL NO.726 OF 2022 Tarik Arman Ali Shaikh .... Applicant/ Appellant versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Aditya Parmar i/b SRK Legal, Advocate for Applicant. • Mr. Swapnil V. Walve, APP for the State/Respondent. • Ms. Shraddha D. Sawant, appointed advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL, J.

DATE : 04th SEPTEMBER, 2024 P.C. :

1.

This is an application for bail pending Appeal. The office has raised an objection that the advocate's name on the Appeal and the Bail Application is different and as per the practice note No.53, NOC of the earlier Advocate is not obtained. 2.

Considering this situation, the learned counsel for the Applicant, who has filed this application, will have to remove this Digitally signed by MANUSHREE NESARIKAR Date:

2024.09.05 14:46:43 +0530 office objection. The praecipe mentions that the Hon'ble Supreme MANUSHREE NESARIKAR Court had given liberty to the Applicant to make a fresh Nesarikar

2 / 2 09-IA-3500-24-IN-APEAL-726-22.odt application for bail if the Appeal was not decided within a year. That order was passed on 18/05/2023. The said order was passed in respect of the order dated 10/10/2022 passed by this court in Interim Application No.2005 of 2022 in Appeal No.726 of 2022. 3.

Considering that the Applicant is in custody for 2 years and 8 months, out of the sentence of 8 years, the Appeal can be decided on priority basis.

4.

Hence, the following order :

O R D E R

(i) The Appeal be listed for final hearing on 24/09/2024, at 02.30 p.m. It shall be listed on the admission board.

This date is given on the specific request of the learned counsel for the Applicant. He submitted that before that date he will remove the office objections and file the Vakilpatra for the Appellant with NOC from the earlier advocate. (ii) Stand over to 24/09/2024.

(SARANG V. KOTWAL, J.)