-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1095 OF 2006 APPLICATION NO.1095 OF 2006 APPLICATION NO.1095 OF 2006 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.470 OF 2003 APPEAL NO.470 OF 2003 APPEAL NO.470 OF 2003 Bhim Jaginder Harijan ...Applicant vs. The State of Maharashtra ...Respondent Mr.Neville Deboo for the Applicant Mr.A.S.Shitole, A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : DECEMBER 15,2006. : DECEMBER 15,2006. : DECEMBER 15,2006. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the learned A.P.P. for State. The prayer in this Application is for fixing an early date of hearing of the Appeal. The learned Advocate for the Applicant invited my attention to the operative part of the impugned Judgment and Order. He pointed out that the substantive sentence is R.I. for 10 years. He submitted that the Applicant has already undergone sentence for seven years and even if the substantive sentence is reduced by one year, the Applicant will come out immediately. 2. The offence alleged is under section 376 (2) (g) of the Indian Penal Code. Considering the gravity of the offence and the nature of evidence on record, the said prayer cannot be considered at this stage when the Appeal is still pending. 3. If the Applicant has undergone substantive sentence for seven years and more, it is for him to adopt appropriate remedy. Hearing of the Appeal is expedited. Liberty to the Applicant to file private paper book. 4. Subject to what is stated above, Application is disposed -2- of. JUDGE JUDGE JUDGE