In an application for early hearing of a pending criminal appeal due to the applicant's health issues, the court observed that as the underlying case concerns bail granted years ago, the application was dismissed.
The application for early hearing was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No.232 of 2009
IN
CRIMINAL APPEAL No.393 OF 2003.
Suresh Mahipati Adsul. .. Applicant.
Vs.
The State of Maharashtra ..Respondent.
Mr B. R. Patil, Advocate for the Applicant.
Mr D.P. Adsule;, A.P.P.for the State.
CORAM : A.R. JOSHI,J.
DATED : 9th April,2009.
P.C.:-
1. Heard rival submissions for some time.
2. It is the application filed by the
applicant- original accused for early hearing
of pending Criminal Appeal No.393 of 2003. By
the said Criminal Appeal, what is impugned is -
his conviction for the offence under Section 7
and under Section 13 (2) r/w 13 (1) (d) of the
Prevention of Corruption Act, 1988 whereby he
is sentenced to undergo R.I. for three years
on both the counts and fine of Rs. 5,000/- on
each count.
3. Ground alleged in the present
application is his health problem due to --
attack and i.e. some heart problem and which
according to the medical advise needs more
sophisticated investigation and intensive care.
4. Presently, the Court is taking the
matter in which the accused are on bail over
the years 1991 till 1995. It is criminal
appeal of the year 2003. As such, there is
nothing to allow the present application and
accordingly disposed of as dismissed.
(A.R.JOSHI,J.)
1 issue framed by the court
Whether the health problems and need for intensive care of the applicant warrant allowing the application for early hearing of the pending criminal appeal.
Suresh Mahipati Adsul
The State of Maharashtra
A.R. Joshi
As recorded by the court registry
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