The High Court discounted maintainability of a second criminal appeal after a prior appeal was dismissed on merits. The court held that a second appeal is not maintainable.
Disposed of all applications and appeal.
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.
911-CriAppln-26-2020
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
911 CRIMINAL APPLICATION NO. 26 OF 2020
IN APEALST/7/2020
WITH
CRIMINAL APPLICATION NO. 27 OF 2020
IN APEALST/7/2020
WITH
CRIMINAL APPEAL ST. NO. 7 OF 2020
KAILAS WAMAN GAIKWAD
VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Mrs. Pratibha J. Bharad
APP for Respondent-State : Mrs. V. S. Choudhari
CORAM :SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.
DATED :14 SEPTEMBER 2023
PER COURT :-
1.There is a note from the Registry that the present
applicant/appellant, who intends to challenge his conviction in
Sessions Case No. 101 of 2007 by learned Additional Sessions Judge,
Jalgaon on 27.02.2009 after holding him guilty of committing offence
punishable under Section 302 of the Indian Penal Code, had already
preferred appeal bearing Criminal Appeal No. 239 of 2009 and this
Court has dismissed the said appeal on 16.12.2010.
911-CriAppln-26-2020
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2. Under such circumstance, second appeal is not maintainable.
The applications as well as the appeal stands disposed of.
[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]
vre
1 issue framed by the court
Whether a second criminal appeal against a conviction under Section 302 IPC is maintainable when a previous appeal has already been dismissed.
Kailas Wamn Gaikwad
State of Maharashtra
Vibha Kankanwadi
Abhay S. Waghvase
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court