VISHAL VITHAL SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Criminal Appeal which was mentioned by learned advocate appearing for the appellant before me, the oral request was to be teken up immediately or else appropriate orders be passed so that the appellant is released from prison, if not required in any other case.

(2.) Subsequently, this matter was placed for directions at the request of learned advocate and he presented a written application containing the above request.

(3.) Shri. Gaikwad and Shri. Sapkal appearing for the appellant-accused pointed out to me that the appellant-accused was named as an accused in two CRS bearing Nos. 402 of 1997 which was registered on 29th December 1997 and CR. No. 309 of 1999. As far as CR No. 402 of 1997 is concerned, the offence lodged is punishable under sections 307 and 452 of I. P. C. The applicant-accused was arrested in CR no. 402 of 1997 on 5th January 1998. After completion of investigation charge sheet was filed and the case was committed to the Sessions court, Greater Bombay and numbered as sessions Case No. 1206 of 1998. It is contended that during the trial of this case the applicant was released on bail after fifteen days of his arrest. However, he was arrested on 1st July 1999 in connection with CR No. 309 of 1999 which was registered with Mahim Police Station for offence punishable under section 302 of IPC. The case was committed to Sessions Court, greater Bombay and numbered as Sessions Case no. 1306 of 1999. As far as this CR is concerned the trial concluded earlier than that of the other cr and by a judgement and order dated 8th/9th august, 2001 the applicant-accused was convicted for the offence of murder and sentenced to undergo imprisonment for life. That order is at page 43 of the application paper book.