The State Of Maharashtra vs Mohan Shivaji Dalavi
2021 Latest Caselaw 3316 Bom

                                                            4-appeal-1156-04.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
                    APPEAL NO. 1156 OF 2004

 The State of Maharashtra                               ... Appellant
      V/s.
 Mohan Shivaji Dalavi                                   ... Respondent

                          ----------------
 Ms. M.H. Mhatre-APP for the State/appellant.
 Mr. Sachin H. Deokar for the respondent.
                          ----------------

                 CORAM         :   SMT. SADHANA S. JADHAV &
                                   N.R. BORKAR, JJ.

                  DATE         :   FEBRUARY 22, 2021.

 P.C.

 1.       The       present    appeal   is   fled    by      the      State        for

 enhancement of sentence.

2. The learned counsel for the respondent submits that

against the judgment and order dated 22nd July 2004 passed

by the 3rd Ad-hoc Assistant Sessions Judge, Kolhapur in

Sessions Case No.91 of 2003, which is impugned in the

present appeal, the respondent has fled an appeal before the

Sessions Court, Kolhapur against his conviction and the same

is pending.

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4-appeal-1156-04.doc

3. Considering the facts and circumstances, the Sessions

Court, Kolhapur is directed to decide the appeal fled by the

present respondent, as expeditiously as possible and in any

case within four months from the date of receipt of copy of

this order as the fate of present appeal is dependent upon it.

4. Registry is directed to immediately send back the R & P

to the concerned court where appeal fled by the respondent

is pending.

5. List the present appeal after 4 months.

6. Needless to mention that the learned Sessions Court

shall decide the appeal, on it's own merits and shall not get

influenced by the pendency of the present appeal.

          (N.R. BORKAR, J.)      (SMT. SADHANA S. JADHAV, J.)




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