Bombay High Court
Sunil Tukaram Mane vs The State Of Maharashtra on 13 October, 2021
Bench: S.S. Shinde, Abhay Ahuja
2-IA 1874-21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1874 OF 2021
IN
CRIMINAL APPEAL NO. 592 OF 2021
WITH
INTERIM APPLICATION NO. 1969 OF 2021
IN
CRIMINAL APPEAL NO. 646 OF 2021
Sunil Tukaram Mane .. Applicant
Vs.
The State of Maharashtra .. Respondent
Mr. Misbaah Solkar for the Applicant/Appellant in Criminal Appeal No.
992/21.
Mr. Sandeep Mishra for the Appellant in Criminal Appeal No. 646/21.
Mr. S. S. Hulke, APP for the Respondent-State.
CORAM : S.S.SHINDE &
ABHAY AHUJA, JJ.
DATE : 13 OCTOBER, 2021.
ro
2G. :
1. Learned counsel appearing for the applicant/appellant submits
that the present appellant has filed one more appeal i.e. Criminal
Appeal No. 646 of 2021 taking an exception to the judgment and order
of conviction dated 28.05.2021 in Sessions Case No. 122 of 2018
passed by the learned Principal District and Sessions Judge, Thane for
the offence punishable under Section 302 of the Indian Penal Code. It
is submitted that the present appellant before filing the said appeal, he
approached him and filed Criminal Appeal No. 592 of 2021 thereby
taking exception to the judgment and order of conviction dated
28.05.2021 in Sessions Case No. 122 of 2018 passed by the learned
Principal District and Sessions Judge, Thane for the offence punishable
under Section 302 of the Indian Penal Code. It is submitted that before
1/2
ARJUN
MACHHINDRA
KADAM
Digitally signed by
ARJUN
MACHHINDRA
KADAM
Date: 2021.10.13
15:17:33 +0530
2-IA 1874-21
filing Criminal Appeal No. 646 of 2021 and Interim Application No.
1967 of 2021 for suspension of sentence he was not made aware that
the appellant would be filing another appeal for the same relief. It is
submitted that the aforesaid both the appeals are admitted and pending
for final hearing.
2. It is submitted that Criminal Application No. 1874 of 2021 filed
in Criminal Appeal No. 592 of 2021 is pending. However, Interim
Application No. 1967 of 2021 in Criminal Appeal No. 646 of 2021 was
heard by this Court (Coram : Nitin Jamdar & G. A. Sanap, JJ.) and by
an order dated 21.09.2021 allowed the said application and the
substantive sentence imposed upon the applicant by the Sessions Judge
vide judgment and order dated 28.05.2021 in Sessions Case No. 122 of
2018 has been suspended and further ordered that the
applicant/appellant be enlarged on bail on furnishing P R. Bond in the
sum of Rs.25,000/- and surety in the like amount. Therefore, learned
counsel appearing for the applicant/appellant submits that in view of
the aforesaid order passed in Interim Applicant No. 1967 of 2021,
Interim Application No. 1874 of 2021 has been rendered infructuous.
3. Inthe light of submission made by the learned counsel appearing
for the applicant/appellant, we pass the following order:
ORDER
Gj) Criminal Application No. 1874 of 2021 stands disposed of
as infructuous.
Gi) Criminal Appeal No. 592 of 2021 be tagged with Criminal
Appeal No. 646 of 2021 and placed for hearing before the
appropriate Bench in due course.
[ABHAY AHUJA, J.] [S. S. SHINDE, J.]
