Abdul Ehadali @ Yadulla Shaikh vs The State Of Maharashtra
2022 Latest Caselaw 3967 Bom

                                                           8_APEAL109_19.doc

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL APPEAL NO.109 OF 2019
                                WITH
                    CRIMINAL APPEAL NO.1707 OF 2019

Abdul Ehadali @ Yadulla Shaikh                         ...        Appellant
Vs.
State of Maharashtra                                   ...        Respondent

Mr. Bharat Kishore Manghani for Appellant in Cr. Appeal No.109 of 2019.
Mr. Ratnesh Dube for Appellant in Cr. Appeal No.1707 of 2019.
Mr. S. S. Hulke, APP for Respondent-State.

                                    CORAM : S. S. SHINDE &
                                            SARANG V. KOTWAL, JJ.

                                    DATE     : APRIL 12, 2022

P.C. :

.        Both the appeals are arising out of the judgment and order dated

15.09.2018 passed by the Additional Sessions Judge, City Civil and Sessions

Court for Greater Bombay in Sessions Case No.123 of 2014. It appears from

the record that both the Appeals are admitted.

2. In both the appeals, interim applications were filed to enlarge the

appellant on bail during the pendency of the appeals. It further appears that

Interim Application No. 1964 of 2018 filed in Criminal Appeal No.109 of 2019

for suspension of sentence and for releasing the appellant on bail was

dismissed for want of prosecution and Interim Application No.2 of 2019 filed

in Criminal Appeal No.1707 of 2019 was rejected on merits.

3. Since both the appeals are arising out of the aforesaid judgment and

order, practically, it may not be desirable to continue both the appeals and hear

8_APEAL109_19.doc

different advocates appearing for the same appellant in the said appeals.

4. In the aforesaid background, we deem it appropriate to dispose of the

Criminal Appeal No.109 of 2019 with a clarification that the subject matter of

Criminal Appeal No.1707 of 2019 would remain unaffected and this Court will

decide Criminal Appeal No.1707 of 2019 on its own merits.

5. Criminal Appeal No.109 of 2019 is disposed of accordingly.

6. Registry is directed to place the paper book as also record and

proceedings received by it with Criminal Appeal No.1707 of 2019 as and when

the said appeal is taken up for hearing by this Court.

7. Registry shall place Criminal Appeal No.1707 of 2019 in the weekly

final hearing board commencing from 27.06.2022.

(SARANG V. KOTWAL, J.)                                        (S. S. SHINDE, J.)

Minal Parab