Satish Mahadeo Bharate vs The State Of Maharashtra
2017 Latest Caselaw 6269 Bom

                                                                6-APPA-725-2017.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL APPLICATION NO.725 OF 2017
                                   IN
                      CRIMINAL APPEAL NO.69 OF 2010

 SATISH MAHADEO BHARATE                                 )...APPLICANT

          V/s.

 THE STATE OF MAHARASHTRA                               )...RESPONDENT

 Mr.Shreeram Shirsat, Advocate for the Applicant.

 Ms.N.S.Jain, APP for the Respondent - State.

                               CORAM     :     A. M. BADAR, J.

                               DATE      :     16th AUGUST 2017

 P.C. :


 1                This is an application for early hearing moved by the 

respondent / original accused in an appeal whereby the State is

challenging his acquittal for offences 7, 13(1)(d) read with 13(2)

of the Prevention of Corruption Act, 1988.

2 Heard the learned advocate appearing for the

applicant / respondent no.2 / original accused. He submits that

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6-APPA-725-2017.doc

the respondent / original accused is retiring within a short span of

time, and therefore, his appeal, which is of the year 2010, needs

to be decided expeditiously.

3 The Hon'ble Apex Court in the case of Hussain vs.

Union of India reported in 2017 (5) SCC 702 has directed this

court to dispose of criminal appeal wherein accused persons are in

jail for a period of five years or more. Several such appeals are

pending for hearing before this court. In the category of appeal

under Prevention of Corruption Act, 1988, appeals of the year

2001 and thereafter are still pending for disposal. The reason that

respondent is retiring shortly cannot be a sufficient reason to

grant out of turn hearing to this appeal.

4 The application is, therefore, rejected.

                                                    (A. M. BADAR, J.)




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