Ahmed Razak Shaikh vs State Of Maharashtra And Anr
2023 Latest Caselaw 4328 Bom

2023:BHC-AS:12956

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO.947 OF 2023
                                                      IN
                                  CRIMINAL APPEAL NO.360 OF 2023
               Ahmed Razak Shaikh                           ..     Applicant
                                      Versus
               The State of Maharashtra & Anr.              ..     Respondents


                                            ...
               Mr.Bhavesh Parmar with Mr.Rahul Gaikwad, Mr.Aman Jhawar
               and Mr.Vivekanand i/b Gravitas Legal for the Applicant.
               Ms.P.N.Dabholkar, A.P.P. for the State.
               Mr.Rajesh Dharap, Appointed Advocate for the Respondent
               No.2.
                                                      ...

                                         CORAM: BHARATI DANGRE, J.

DATED : 27th APRIL, 2023

P.C:-

1. The present application is fled by the Appellant/ Applicant, who is convicted for committing the offences punishable under Sections 363, 354(A), 376(2)(i), 376(2)(j) of IPC and Sections 4, 8, 10 and 12 of POCSO Act. For committing the offences under Sections 376(2)(i), 376(2)(j) of IPC as well as under Section 4 of POCSO Act, R.I. for 10 years is the penalty imposed alongwith fne of Rs.1,00,000/-. Apart from this, distinct sentences are imposed on being convicted under Sections 363, 354-B of IPC and Sections 8, 10 and 12 of POCSO Act. All the sentences are directed to run concurrently.

               M.M.Salgaonkar





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2. On hearing the learned counsel for the Applicant, learned counsel for Respondent No.2 and the learned A.P.P., when I expressed my disinclination to entertain the application, looking to the fndings rendered by the learned Judge in the impugned judgment, the learned counsel state that he shall not press this application, but he request for expeditious hearing of the Appeal, since the Applicant is behind the bars for almost six years, out of the sentence of ten years, which he is expected to undergo under the impugned judgment.

I fnd merit in the submission of the learned counsel. In the wake of the aforesaid, it is directed that R & P be called from the Special Judge under the POCSO Act, Gr.Mumbai with utmost expediency and the Registry shall ensure that R & P is received and paper-book is prepared on or before 30/09/2023.

The Appeal is directed to be listed peremptorily on 3/10/2023 for fxing up a date for fnal hearing.

3. Interim Application stands disposed off, as withdrawn.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar