Applicant sought suspension of substantive sentence and bail pending appeal hearing. Court denied relief as previous bail application on merits was rejected and prioritized listing for further hearing.
Solemn disallowed application for suspension of sentence and bail; ordered listing of appeal.
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRI. APPLICATION NO. 361 OF 2011 IN CRI. APPEAL NO. 652 OF 2004
Rafik Babu Shaikh .. Applicant
Vs
The State of Maharashtra .. Respondent
Mr. Vishal Kolekar for the Applicant
Mr. K.V. Saste, APP for the State
CORAM : P.V. HARDAS & M.N. GILANI, JJ.
DATE : 21st MARCH, 2011.
PER COURT:
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to eleven years, seven months and twelve days. The learned counsel for the applicant has also urged before us that the present applicant was arrested on 13th December 2000 and since then, the present applicant has not been enlarged on bail. The contention of the learned counsel for the applicant, therefore, is that the applicant also has undergone ten years of actual imprisonment.
2. However, since the application for bail had been rejected on merits, we are not inclined to interfere in the present application. Since the appeal is of the year 2004 and the appeals of the same year have been listed before us for hearing, we permitted the learned counsel for the applicant to inform us the date which is suitable for hearing of this appeal. Accordingly, the learned counsel for the applicant states that the appeal be heard beyond vacation. In that light of the matter, we dismiss this application and direct listing of the appeal for final hearing before the Bench assigned with hearing and deciding Criminal Appeals of the year 2004 after summer vacation.
[ M.N. GILANI, J ]
[ P.V. HARDAS, J ]
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3
1 issue framed by the court
Whether suspension of sentence and enlargement on bail should be granted pending hearing of pending appeal.
Rafik Babu Shaikh
The State of Maharashtra
P.V. Hardas
M.N. Gilani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
