Sk. Akhtar Sk. Gafur vs The State Of Maharashtra
2024 Latest Caselaw 14303 Bom

Bombay High Court

Sk. Akhtar Sk. Gafur vs The State Of Maharashtra on 6 May, 2024

Author: R.G. Avachat

Bench: R.G. Avachat

2024:BHC-AUG:10132-DB

                                                               Cri.Appeal No.170/2023
                                              :: 1 ::


                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD


                          CRIMINAL APPEAL NO.170 OF 2023 WITH
                          CRIMINAL APPLICATION NO.594 OF 2023



                 Sk. Akhtar Sk. Gafur                    ... APPELLANT

                        VERSUS

                 The State of Maharashtra                ... RESPONDENT

                                              .......
                 Mr. Satej S. Jadhav, Advocate for appellant
                 Mrs. S.N. Deshmukh, A.P.P. for respondent
                                             .......


                                         CORAM : R.G. AVACHAT AND
                                                 NEERAJ P. DHOTE, JJ.

                                         DATE     : 6th MAY, 2024

                 ORDER:

Heard. This is an appeal against conviction,

recorded by learned Additional Sessions Judge, Jalgaon in

Sessions Case No.204/1993, vide judgment and order dated

30/6/1998, convicting the appellant for the offence punishable

under Section 302 read with Section 149 of the Indian Penal

Code and sentenced to suffer imprisonment for life and to pay

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fine of Rs.500/-, in default to undergo R.I. for three months.

The appellant is also convicted for the offences punishable

under Sections 147, 148, 326 read with Section 149 of the

Indian Penal Code and sentences to different terms of

sentences. All the sentences have been directed to run

concurrently.

2. Since the Sessions Case is of the year 1993, this

Court, by the order dated 3/5/2024, had called the report from

the concerned Jail in respect of actual period the appellant is

behind the bars.

3. Today the learned A.P.P. has furnished the copy of

report under the signature of Superintendent, Nasik Road

Central Jail. As per the said report, the appeal of the appellant

against the judgment and order which is impugned in the case

in hand, was heard and dismissed by this Court. Our attention

is drawn to the record of the Appeal No.205/1998, which

shows that, vide judgment and order dated 12/7/2005, the

appeal came to be dismissed. The record further show that,

the appellant had challenged the said judgment dismissing the

Appeal, before the Hon'ble Supreme Court of India and

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Hon'ble Supreme Court of India has dismissed his Appeal by

order dated 18/10/2005. In this view of the matter, the appeal

stands disposed of as not maintainable.

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.)

fmp/-