Ashokkumar Basanturam Jaiswal vs The State Of Maharashtra
2023 Latest Caselaw 212 Bom

                       (213)-Apeal-551-14 & 356-15.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally
                                     CRIMINAL APPELLATE JURISDICTION
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2023.01.07
          09:51:23
          +0530
                                       CRIMINAL APPEAL NO.551 OF 2014

                       Jitendrakumar Jogendra Shahu @ Sahu                  ..Appellant
                             Versus
                       The State of Maharashtra                             ..Respondent

                                                   WITH
                                       CRIMINAL APPEAL NO.356 OF 2015

                       Ashokkumar Basanturam Jaiswal                        ..Appellant
                            Versus
                       The State of Maharashtra                             ..Respondent

                       None for the Appellant.
                       Smt. G. P. Mulekar, APP for the Respondent/State.

                                               CORAM : NITIN W. SAMBRE &
                                                       R. N. LADDHA, JJ.

DATE : 6th JANUARY, 2023

P.C.

1. Heard learned APP.

2. In Sessions Case No.292 of 2012, the appellants in both the appeals were convicted for an offence punishable under Section 302 of IPC, thereby life imprisonment came to be awarded.

3. The genesis of the offence alleged against the appellants is that of murdering a female senior citizen who was residing alone

BGP. 1 of 2 (213)-Apeal-551-14 & 356-15.doc.

and committing dacoity.

4. The case of the prosecution is based on circumstantial evidence.

5. Counsel for the appellants is absent. The Court is required to be sensitive to the date of arrest of the appellants which in present case appears to be 16th November, 2011.

6. In case if counsel for the appellant is unable to co- operate in expeditious disposal of the appeal which is against judgment of conviction, this Court is required to take recourse to the procedure laid down by the Apex Court in the matter of Surya Baksh Singh Vs. State of Uttar Pradesh reported in (2014) 14 SCC

222.

7. In this background, by way of a last chance, matter is adjourned to 7th January, 2023, as overnight part heard.

[R. N. LADDHA, J.]                       [NITIN W. SAMBRE, J.]




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