Vijay Motilal Rathod vs The State Of Maharashtra
2021 Latest Caselaw 4856 Bom

                                                                      89.21crapl
                                    (1)

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

          916 CRIMINAL APPEAL NO.89 OF 2021
 WITH APEAL/45/2021 WITH APPLN/488/2021 IN APEAL/89/2021

                     VIJAY MOTILAL RATHOD
                               VERSUS
                  THE STATE OF MAHARASHTRA
                                   ...
   Mr S. J. Salunke, Advocate for appellant in Cri.Appeal No.89/2021;
              Mr S. D. Ghayal, A.P.P. for respondent/State

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

DATE : 17th March, 2021

PER COURT:

1. The appellant-accused seeks to challenge his conviction handed

down by Judgment dated 27/01/2021, delivered by the learned

Sessions Judge, Court No.11, Aurangabad, in Sessions Case No.112 of

2017. He has been held guilty for having committed an offence

punishable under Section 302 read with Section 34 of the Indian Penal

Code.

2. The learned Advocate for the appellant submits that Criminal

Application No.488 of 2021, filed by the present applicant, seeking

suspension of substantive sentence and for bail, can be canvassed after

the record and proceedings is received. He also submits that a

co-convict has preferred Criminal Appeal No.45 of 2021, which has

been admitted.

89.21crapl

3. In view of the above, this appeal is "ADMITTED". The

learned Prosecutor waives service of notice on admission.

4. Considering the order dated 08/02/2021, passed in Criminal

Appeal No.45 of 2021, calling for the record and proceedings while

admitting the appeal, we are informed that the record and proceedings

is still not received. We, therefore, request the learned Additional

Sessions Judge, Court No.11, Aurangabad, to prepare the appeal paper

book, as expeditiously as possible and transmit the same along with

the original record and proceedings in Sessions Case No.112 of 2017,

so as to reach this Court by 30/04/2021.

5. Liberty to circulate Criminal Application No.488/2021 for

hearing after the receipt of the appeal paper book and the record and

proceedings.

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

sjk