Habibbaig Mogalbaig Mirza v. State Of Maharashtra

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7-IA-3854-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3854 OF 2024 IN CRIMINAL APPEAL NO.893 OF 2023 Habibbaig Mogalbaig Mirza .....Applicant

Versus

State of Maharashtra .... Respondent ----- Tooba R. Momin, Advocate i/b. R.M. Momin for the Applicant.

Mr. Shrikant H. Yadav, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 01st OCTOBER, 2024 P.C. :

1.

This is an Application for fixing the Appeal for final hearing. The Applicant was convicted by the learned Special Judge, Nashik vide his judgment and order dated 26.2.2000 in Special Case No.3/2000 under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1989 in respect of the trap conducted in the year 1998. The Appeal of the Applicant and his co-accused is already admitted in the year 2008.

Deshmane(PS)

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7-IA-3854-24.odt 2.

Learned counsel for the Applicant submitted that he is around 76 years of age and is suffering from paralysis. Therefore, it is necessary that the Appeal is heard expeditiously. His co-accused, who had filed a separate Appeal has already passed away but that Appeal is being continued by his legal heirs.

3.

Considering these submissions, both these Appeals i.e. Criminal Appeal No.893/2023 and Criminal Appeal No.307/2008 be listed on the weekly final hearing board commencing from 21.10.2024 with liberty to the learned counsel for the Appellants to mention the matters for being taken up for final hearing if the Appeals do not reach. 4.

Interim Application is disposed of accordingly. (SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2024.10.04 12:07:32 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE