Chhedilal @ Shiva Ramlal Nirmal vs State Of Maharashtra
2022 Latest Caselaw 11532 Bom

Osk                                                        4-Apeal-St-18246-2022.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                CRIMINAL APPEAL (ST.) NO. 18246 OF 2022
                                WITH
                 INTERIM APPLICATION NO. 3696 OF 2022

Chhedilal @ Shiva Ramlal Nirmal                         ... Appellant
      V/s.
The State of Maharashtra                                ... Respondent


Mr. Madhusudan D. Pareek, Appointed Advocate for Appellant.
Mr. Ajay Patil, A.P.P. for Respondent-State.


                                     CORAM : A.S. GADKARI AND
                                             MILIND N. JADHAV, JJ.

                                     DATE      : 14th November 2022.

P.C. :

1. Present appeal has been filed on behalf of Appellant by the

Advocate appointed by Legal Aid.

It appears from the record that, while forwarding the letter to the

Legal Aid Committee, the Appellant did not disclose the fact that, he had

preferred Criminal Appeal No.1299 of 2011 against the same impugned

Judgment and Order dated 29th April 2011 passed by the learned Additional

Sessions Judge, Greater Mumbai, in Sessions Case No. 221 of 2009.

2. Record maintained by the High Court clearly indicates that, the

Appellant had preferred said Criminal Appeal No.1299 of 2011 against the

Osk 4-Apeal-St-18246-2022.odt

same impugned Judgment and Order passed by the Trial Court. That the said

appeal has been dismissed by the Judgment and Order dated 21 st January

2014 by the Co-ordinate Bench thereby maintaining the conviction and

sentence of the Appellant.

3. Mr.Parik, learned Advocate represented to the Appellant, after

perusing record of this Court, fairly conceded to the said fact.

4. In view of the above, present appeal as filed is not maintainable

under the law. Appeal is accordingly dismissed in limine.

5. In view of disposal of Appeal, Interim Application No. 3696 of

2022 does not survive and is accordingly disposed off.

                                    [MILIND N. JADHAV, J.]                              [A.S. GADKARI, J.]



           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2022.11.16
           16:08:46 +0530