This application fixed a 20-year-old Criminal Appeal for final disposal on the weekly final hearing board, noting the Applicant's suffering due to the prolonged pendency.
Appeal fixed for final disposal on the weekly final hearing board commencing from 06/02/2023.
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.
14-IA-3983-22-APEAL-223-03.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3983 OF 2022
IN
CRIMINAL APPEAL NO.223 OF 2003
Najar Mohammad Shaikh.... Applicant
versus
State of Maharashtra.... Respondent
…....
Ms. Ashwini Jadhav i/b. Anita A. Agarwal, Advocate for Applicant.Mr. S. R. Agarkar, APP for the State/Respondent.CORAM: SARANG V. KOTWAL, J.
DATE: 09th JANUARY, 2023
P.C. :
1. This is an application for fixing the Appeal for final
disposal. Learned counsel states that the Appeal is pending since
2003. The Applicant is the only surviving convict. He was not
even the main accused. Since last 19 years, he is suffering
because of financial difficulties.
Digitally
signed by
MANUSHREE
MANUSHREE V
V NESARIKAR
NESARIKAR Date:
2023.01.10
16:53:58
+0530
2. Considering the grounds raised by learned counsel for
the Applicant in this application, the office is directed to place
Nesarikar
2 / 2 14-IA-3983-22-APEAL-223-03.odt
the Criminal Appeal No.223 of 2003 on the weekly final hearing
board commencing from 06/02/2023. Learned counsel for the
Applicant is given liberty to mention the matter for final disposal
once it is listed on final hearing board, if it does not reach within
a reasonable time.
3. The application is disposed of.
(SARANG V. KOTWAL, J.)
3 issues framed by the court
Whether to fix the long-pending Criminal Appeal for final disposal on the weekly final hearing board.
Whether the Applicant, being the only surviving convict for 19 years, is entitled to final listing without delay.
Whether liberty is granted to move for final disposal if the matter does not reach completion within a reasonable time after listing.
Najar Mohammad Shaikh
State of Maharashtra
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court