Bombay High Court
The State Of Maharashtra vs Salauddin Shahbuddin Khan And Ors on 23 January, 2019
Bench: Indrajit Mahanty, Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.02 OF 2018
IN
CRIMINAL APPEAL (STAMP) NO.02 OF 2018
IN
CRIMINAL APPLICATION NO.02 OF 2018
The State of Maharashtra .... Applicant/
Appellant
versus
Salauddin Shahbuddin Khan & Ors. ... Respondents
.......
• Mrs.M.M. Deshmukh, APP for the State/Applicant/Appellant.
• Mr.Hakim Salim A.R., Advocate for Respondent Nos.1 to 3.
CORAM : INDRAJIT MAHANTY &
SARANG V. KOTWAL, JJ.
DATE : 23rd JANUARY, 2019.
P.C. :
1. The State has filed the Criminal Appeal (Stamp) No.2/18 under section 377 of Cr.P.C. for enhancement of sentence awarded to Respondent after convicting him for committing office punishable under section 324 and 506 of Indian Penal Code.
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2. Criminal Application No.02/18 is preferred for condoning the delay in filing the Appeal. After hearing Counsel for the Respondent and after considering the averments in the Application for condoning the delay, the delay is condoned.
3. Along with this Appeal, the State has also filed an application to file leave to Appeal against Acquittal i.e. APPA No.02/18. The present roster indicates that the application for leave to file Appeal against acquittal is not assigned to this Bench. In the meantime the Respondent himself has preferred Appeal against Conviction u/s 324 and 506 of IPC. We are informed that the said Appeal is admitted and the Respondent herein in already released on bail.
4. In this view of the matter, we direct the Registry to take appropriate steps to place the Criminal APPA No.2/18, for leave to file Appeal Against Acquittal, before the appropriate Bench.
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5. We observe that in many cases, the State is filing separate Appeals against Order of Acquittal as well as Appeals for enhancement of sentence vide separate Appeals u/s 378 and 377 of Cr.P.C. respectively in respect of the same Sessions Case. In the present situation, these Applications/Appeals are assigned to different Benches. Therefore, we direct the Registry to bring this fact to the notice of the Hon'ble the Chief Justice and seek appropriate directions in that behalf so that such matters can be placed for admission stage before the same Bench to avoid any possibility of contrary views taken by different Benches.
6. The present Criminal Appeal (Stamp) No.02/18 be listed on 06/02/2019.
(SARANG V. KOTWAL, J.) (INDRAJIT MAHANTY, J.) ::: Uploaded on - 25/01/2019 ::: Downloaded on - 25/01/2019 23:25:22 :::