Satyajeet Shantaram Pawar And Another vs The State Of Maharashtra
2024 Latest Caselaw 6532 Bom

Bombay High Court

Satyajeet Shantaram Pawar And Another vs The State Of Maharashtra on 1 March, 2024

2024:BHC-AUG:4354


                                                                      CriAppln-527-2024
                                                  -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 527 OF 2024
                                             IN
                               CRIMINAL APPEAL NO. 1049 OF 2023

                1.    Satyajeet Shantaram Pawar,
                      Police Constable, B.No. 1720,
                      Age: 44 Years, Occu: Service,
                      R/o. N-9-H-138/3, Shrikrishna Nagar,
                      Hudco, Aurangabad.

                2.    Amol Shantaram Pawar,
                      Age: 46 Years, Occu: Business,
                      R/o. N-9-H-138/3, Shrikrishna Nagar,
                      Hudco, Aurangabad.                       ... Applicants
                                                         [Orig. Respondents]
                            Versus

                The State of Maharashtra
                Through Anti Corruption Bureau,
                 Aurangabad, Dist. Aurangabad.                     ... Respondents
                                                                  [Orig. Applicant]
                                                 .....
                        Mr. S. N. Lale Yelwatkar, Advocate for the Applicants.
                          Mr. S. M. Ganachari, APP for Respondent-State.
                                                  .....

                                         CORAM :        ABHAY S. WAGHWASE, J.
                                         Reserved on        : 22.02.2024
                                         Pronounced on      : 01.03.2024

                ORDER :

1. This is an application by original accused praying for fixing

appeal for early final hearing in view of directions of the Hon'ble Apex

Court dated 08.12.2023 in SLP No. 15534 of 2023.

CriAppln-527-2024

2. Learned counsel pointed out that State had filed ALS No. 42 of

2020 seeking to file appeal against acquittal before this Court. The

said application is allowed and appeal is directed to be registered in

October 2023. That, present applicants had filed SLP No. 15534 of

2023 before the Hon'ble Apex Court in which order has been passed,

copy of which is annexed herewith. It is further pointed out that by

said order, Hon'ble Apex Court has requested this Hon'ble Court to

decide the appeal as early as possible. Hence the above prayers.

3. Here is an application for fixing appeal filed by the State for

early hearing. Precisely, order passed by the Hon'ble Apex Court

dated 8.12.2023 is placed on record at Exhibit "B" which reads as

under:

"We are not inclined to interfere with the impugned judgment and order. The Special Leave Petition is, accordingly, dismissed.

The High Court is requested to decide the appeal as early as possible subject to other matters on Board and considering the sensitivity of the matter.

Pending application(s) shall stand disposed of."

CriAppln-527-2024

4. Therefore, from above order, it is clear that there are directions

to this court to decide the appeal as early as possible, further clearly

specifying, subject to other matters on board. This court is currently

dealing with final hearing appeals of the year 2002. Therefore, appeal

preferred by the State would be considered as per year-wise sequence.

However, endeavour would be made by this court to deal with the

appeal by State as and when State is ready.

5. The application is accordingly disposed off.

[ABHAY S. WAGHWASE, J.]

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