Datta Subhash Lohar vs The State Of Maharashtra
2023 Latest Caselaw 3143 Bom

                                            (1)                   904 cri apln 3897.22

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                   904 CRIMINAL APPLICATION NO.3897 OF 2022
                              IN APEAL/480/2020

                                DATTA SUBHASH LOHAR
                                        VERSUS
                              THE STATE OF MAHARASHTRA

                                         ...
             Advocate for Applicant : Mr. Sagar Ghate & Swapnil Joshi
                   APP for Respondents/State : Mr. A.M. Phule
                                         ...

                                     CORAM :      SMT. VIBHA KANKANWADI &
                                                  Y.G. KHOBRAGADE, JJ.

                                     DATE     :   29th March, 2023

P.C. :-

1. As regards Criminal Application No.3897/2022 in Criminal

Appeal No.480/2020 is concerned it is the application for suspension of

sentence and releasing the applicant on bail. He was arrayed as accused no.2

in Sessions Case No.89/2016 and came to be convicted for the offence under

Section 302 read with Section 120-B of the I.P.C. by judgment and order

dated 14.08.2020 by learned Additional Sessions Judge, Osmanabad. He had

filed Criminal Application No.2017 of 2020 before this Court for suspension of

sentence and releasing him on bail but Coordinate Bench of this Court on

13.01.2021 rejected the said application. This is the second application for

suspension of sentence. Learned advocate for the applicant points out para 4

(2) 904 cri apln 3897.22

of the application and submits that the applicant was reviving his request for

suspension of sentence and to grant bail, as since last 1 year and 10 months

he has not filed any similar application. Therefore, he intends to say that the

applicant has filed the present application by way of review to the said order

passed by this Court on 13.01.2021. Perusal of the said order would show

that one of the member of the Coordinate Bench (Coram: Ravindra V. Ghuge,

J.) is available at this Bench. Hon'ble Lordship is also the Senior most

Administrative Judge of this Bench. Under such circumstance, the applicant

should move for constitution of a special bench and the application under

said circumstances should be taken before the Bench which had rejected the

earlier application. Learned advocate for the applicant agrees and he would

take steps.

2. Under such circumstance, criminal application no.3897/2022 be

removed from the board of this Court.

[Y.G. KHOBRAGADE, J.] [SMT. VIBHA KANKANWADI, J.]

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