[email protected] S/O ... vs State Of Maharashtra
2021 Latest Caselaw 6131 Bom

                                                                      914-CrA-6-21.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.6 OF 2021
                           IN APEAL/54/2019
                  WITH CRIMINAL APPEAL NO. 54 OF 2019
                 WITH APPLN/1023/2020 IN APEAL/54/2019

              SAMPAT @ HARICHANDRA S/O. MURLIDHAR GAWALI
                                   VERSUS
                        THE STATE OF MAHARASHTRA
                                      ...
                Advocate for Applicants : Shri Rupesh A. Jaiswal
                  APP for Respondent - State : Shri K. S. Patil
                                      ...

                                    CORAM : RAVINDRA V. GHUGE AND
                                            B. U. DEBADWAR, JJ.

DATE : 06TH APRIL, 2021

PER COURT :

CRIMINAL APPLICATION NO.6 OF 2021 :

1. The applicant / appellant prays for suspension of

substantive sentence. His appeal challenging the judgment of

conviction dated 14-12-2018, in Sessions Case No. 148 of 2012, has

been admitted. The learned advocate submits, on instructions, that

the applicant would canvas this application after the appeal paper

book is received by this Court.

2. In view of the above, we request the learned Additional

Sessions Judge, Vaijapur, District Aurangabad to prepare the appeal

paper book in Sessions Case No. 148 of 2012, decided on

14-12-2018, as expeditiously as possible, and preferably on or

before 31-07-2021. The said paper book shall be transmitted to this

914-CrA-6-21.odt

Court, if not already done, along with the original record and

proceedings and the muddemal property, if any, by 31-08-2021.

3. After the receipt of the appeal paper book, the applicant

would be at liberty to canvas the application for suspension of

substantive sentence.

CRIMINAL APPLICATION NO.1023 OF 2020 :

4. In so far as Criminal Application No. 1023 of 2020 is

concerned, the applicant convict has prayed for emergency parole.

However, he has not completed three years in jail. As such, this

application is disposed of.

5. We, however, fnd it appropriate to record that after the

applicant completes three years in prison, and if there is no other

legal impediment, he would be at liberty to apply for emergency

parole under Rule 19(1)(C).

(B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.)

SVH