Sarfaraj @ Iqbal Faridulla Khan vs The State Of Maharashtra
2022 Latest Caselaw 7639 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL APPEAL NO. 659 OF 2022
                                                  WITH
                                     CRIMINAL APPEAL NO. 1440 OF 2019

                     Sarfraj @ Iqbal Faridulla Khan                      ..Appellant
                           Versus
                     State of Maharashtra & Anr.                         ..Respondents

                                                  __________
                     Mr. Ganesh Bhujbal for Appellant in Appeal No.659 of 2022.
                     Mr. Y. Y. Dabke, APP for State/Respondent No.1.
                     Mr. Veerdhaval P. Kakade, Appointed Advocate for Respondent
                     No.2.
                                                  __________

                                             CORAM : SARANG V. KOTWAL, J.
                                             DATE : 4th AUGUST 2022
                     PC :

                     1.           The Appellant has filed Criminal Appeal No.1440 of

                     2019 through a private advocate, but that advocate is not

                     attending the Appeal. The appellant, therefore, sent a letter

                     through jail to the criminal department of this court requesting

                     filing of the appeal. Pursuant to that letter, Shri. Ganesh Bhujbal,

                     learned Advocate was appointed to file an Appeal and to represent

                     the appellant. Accordingly, he filed an Appeal which is admitted

        Digitally
                     and now is numbered as Criminal Appeal No.659 of 2022. Shri.
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2022.08.05
        11:31:22
        +0530
                      Gokhale
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Bhujbal states that, he has instructions from the appellant himself

that he wants to pursue the appeal which is filed by Shri. Ganesh

Bhujbal, learned Advocate appearing as a Legal Aid counsel. The

private advocate who had filed Criminal Appeal No.1440 of 2019

is not present before the court.


2.        In view of this situation, since both the appeals are

challenging the same impugned Judgment and order dated

20/02/2020 passed in Special Case No. 151 of 2016 by the

Additional Sessions Judge, Greater Bombay, only one appeal can

be permitted to be conducted. Hence, the order:


                                   ORDER

i) Criminal Appeal No.1440 of 2019 is disposed of.

ii) Criminal Appeal No.659 of 2022 be added to the weekly final hearing board commencing from 26/09/2022 because the Appellant has already undergone more than 6 years of total sentence of 10 years Rigorous imprisonment.

(SARANG V. KOTWAL, J.)