Bench held second appeal not maintainable as appellant had already challenged conviction in first appeal which was dismissed. Appeal disposed of along with criminal application for sentence suspension.
Second appeal dismissed and criminal application for suspension of sentence disposed of.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
909 CRIMINAL APPEAL NO.113 OF 2023
WITH
CRIMINAL APPLICATION NO.236 OF 2023
IN APPEAL/113/2023
GULAMALI MURADALI MAKRANI
VERSUS
THE STATE OF MAHARASHTRA
Mrs. Vaishali A. Shinde (More), Advocate for appellant
Mr. R.D. Sanap, APP for respondent
CORAM :SMT. VIBHA KANKANWADI
Y.G. KHOBRAGADE, JJ.
DATE :04th MAY, 2023
ORDER:
1Now, the Registrar (Judicial) is also pointing out by making
submission as well as learned APP as well as learned Advocate appointed
through Legal Aid to represent the appellant that the appellant had already
challenged his conviction in Sessions Case No.6/2009 by learned Additional
Sessions Judge, Shahada, Dist. Nandurbar on 13.01.2012. He was the
appellant No.1 in Criminal Appeal No.501 of 2012 and it came to be decided
along with Criminal Appeal No.37 of 2012 and Criminal Appeal No.242 of
2 Cri.Appeal_113_2023
2012. The coordinate Bench of this Court by order dated 16.07.2015, by a
detailed order dismissed the Criminal Appeal Nos.37 of 2012 and 501 of
2012 challenging the conviction of the appellants therein which included the
present appellant. It appears that this fact was not pointed out to the Legal
Services Authority and upon the application by the appellant it appears that
learned Advocate Mrs. Vaishali Shinde was appointed, who has learned from
her duty to file the appeal, but unfortunately the conviction has been
confirmed by this Court by said order. The communication is also received
from Dhule Prison, where the appellant is lodged. Under such circumstance,
the second appeal is not maintainable. The appeal stands disposed of along
with the criminal application filed for suspension of sentence.
(Y.G. Khobragade, J.)
( Smt. Vibha Kankanwadi, J. )
agd
GULAMALI MURADALI MAKRANI
THE STATE OF MAHARASHTRA
VIBHA KANKANWADI
Y. G. KHOBRAGADE
As recorded by the court registry
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