The court rejected the applicant's application for the early hearing of a criminal appeal where the appellant is already on bail, relying on the Supreme Court's judgment in Hussain & Anr. v. Union of India.
Application for early hearing rejected.
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.
(20)APPANo.6332018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.633 OF 2018 IN
CRIMINAL APPEAL NO.1112 OF 2013
Raosaheb Arjun Lokhande ... Applicant V/s. The State of Maharashtra ... Respondent
Mr.Ganesh K. Gole, Advocate for the Applicant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 11th OCTOBER 2018.
P.C. :
1 This is an application for early hearing of the appeal in which the appellant is on bail. Presently, this Court is dealing with the appeals in which the appellants are undergoing jail sentence for more than five years.
2 In view of Judgment of the Honourable Apex Court in the matter of Hussain & Anr. v. Union of India1 , the application is rejected.
Raju Dattatraya Gaikwad
1 2017 (5) SCC 702.
Gaikwad RD
Digitally signed by Raju Dattatraya Gaikwad Date: 2018.10.12 12:29:13 +0530
1/1
2 issues framed by the court
Whether an application for early hearing of an appeal where the appellant is on bail should be entertained in light of the Supreme Court judgment in Hussain.
Whether the State of Maharashtra can seek early hearing for an appeal in which the appellant does not face immediate jail time exceeding five years.
Colour shows how this judgement treated each authority
Hussain & Anr. v. Union of IndiaRelied on¶2
Hussain & Anr. v. Union of India
Raosaheb Arjun Lokhande
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
