Babudin Shakil Shaikh @ Mahim vs The State Of Maharashtra
2023 Latest Caselaw 474 Bom

                             bipin prithiani
                                                                   1
                                                                                            6-ia-2964.22.doc


BIPIN
             Digitally signed by
             BIPIN
             DHARMENDER
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DHARMENDER   PRITHIANI
PRITHIANI    Date: 2023.01.13
             16:54:12 +0530
                                           CRIMINAL APPELLATE JURISDICTION

                                               INTERIM APPLICATION NO. 2964 OF 2022
                                                              IN
                                                 CRIMINAL APPEAL NO. 210 OF 2020

                             Babudin Shakil Shaikh @ Mahim             ...      Applicant/Appellant
                                    Versus
                             The State of Maharashtra                  ...      Respondent
                                                            ******
                             Mr. Mujahid Ansari for the Applicant/Appellant.
                             Mrs. G. P. Mulekar, APP for the Respondent-State.
                                                            ******
                                                         CORAM: NITIN W. SAMBRE AND
                                                                    R. N. LADDHA, JJ.

DATE : 12th JANUARY, 2023 P.C. :-

. This is an application taken out by the applicant claiming to be Juvenile.

2. The said issue was already dealt with by the Sessions Court in the matter of the trial in which the applicant is convicted. The trial Court has placed reliance on the judgment delivered in Criminal Writ Petition No. 1977 of 2017 preferred by the applicant. In that view of the matter, the application does not warrant any consideration. The application stands rejected.

3. However, the rejection of application will not preclude the applicant from arguing the said issue at the time of hearing of the appeal, which can be dealt with in accordance with law.

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