IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
Application for early hearing rejected holding the appeal cannot be taken up for hearing.
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4-APPA- 358-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.358 OF 2018 IN CRIMINAL APPEAL NO.532 OF 2001
BALGONDA SHIVGONDA BHOJKAR )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Sagar Ruparel i/b. Mr.Ganesh Gole, Advocate for the Applicant.
Mr.Prashant Jadhav, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 13th MARCH 2018
P.C. :
1 This is an application for early hearing of the appeal filed by the non-applicant herein i.e. State of Maharashtra challenging acquittal of the present applicant.
2 Heard both sides. The learned Advocate for the applicant/ respondent in appeal submitted that the appeal is of
avk 1/2
4-APPA- 358-2018.doc
the year 2001 and the applicant is an aged person. The amount involved is Rs.250/- and therefore, the appeal needs to be heard expeditiously.
3 The appeal is by the State challenging acquittal of the present applicant of offences punishable under Sections 7, 13(1) (d) read with 13(2) of the Prevention of Corruption Act. This court is hearing the appeals finally by giving priority to appeals wherein appellants are languishing behind bars for more than five years. Hearing of those appeals is going on and several such appeals are pending on the board for final hearing of this court. In view of the judgment of the Honourable Apex Court in the matter of Hussain vs. Union of India1 the subject appeal, therefore, cannot be taken up for hearing.
The application is, therefore, rejected.
(A. M. BADAR, J.)
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1 2017 (5) SCC 702
1 issue framed by the court
Whether an application for early hearing of a criminal appeal challenging acquittal can be granted when the appeal is not ripe for final hearing due to pending roster matters.
Colour shows how this judgement treated each authority
Hussain vs. Union of IndiaReferred¶17
Hussain vs. Union of India
BALGONDA SHIVGONDA BHOJKAR
THE STATE OF MAHARASHTRA
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
