(1) 904 cri apln 3897.22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
904 CRIMINAL APPLICATION NO.3897 OF 2022
IN APEAL/480/2020
DATTA SUBHASH LOHAR
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Sagar Ghate & Swapnil Joshi
APP for Respondents/State : Mr. A.M. Phule
...
CORAM : SMT. VIBHA KANKANWADI &
Y.G. KHOBRAGADE, JJ.
DATE : 29th March, 2023 P.C. :-
1. As regards Criminal Application No.3897/2022 in Criminal Appeal No.480/2020 is concerned it is the application for suspension of sentence and releasing the applicant on bail. He was arrayed as accused no.2 in Sessions Case No.89/2016 and came to be convicted for the offence under Section 302 read with Section 120-B of the I.P.C. by judgment and order dated 14.08.2020 by learned Additional Sessions Judge, Osmanabad. He had filed Criminal Application No.2017 of 2020 before this Court for suspension of sentence and releasing him on bail but Coordinate Bench of this Court on 13.01.2021 rejected the said application. This is the second application for suspension of sentence. Learned advocate for the applicant points out para 4 ::: Uploaded on - 30/03/2023 ::: Downloaded on - 31/03/2023 05:20:38 ::: (2) 904 cri apln 3897.22 of the application and submits that the applicant was reviving his request for suspension of sentence and to grant bail, as since last 1 year and 10 months he has not filed any similar application. Therefore, he intends to say that the applicant has filed the present application by way of review to the said order passed by this Court on 13.01.2021. Perusal of the said order would show that one of the member of the Coordinate Bench (Coram: Ravindra V. Ghuge, J.) is available at this Bench. Hon'ble Lordship is also the Senior most Administrative Judge of this Bench. Under such circumstance, the applicant should move for constitution of a special bench and the application under said circumstances should be taken before the Bench which had rejected the earlier application. Learned advocate for the applicant agrees and he would take steps.
2. Under such circumstance, criminal application no.3897/2022 be removed from the board of this Court.
[Y.G. KHOBRAGADE, J.] [SMT. VIBHA KANKANWADI, J.] mub ::: Uploaded on - 30/03/2023 ::: Downloaded on - 31/03/2023 05:20:38 :::