((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1305 OF 2008 IN CRIMINAL APPEAL NO.19 OF 2002 Salim Jamil Shaikh Applicant versus The State of Maharashtra Respondent None for applicant. J.P.Yagnik, APP for State. CORAM : A.S.OKA, J. DATE : 12th January 2009 PC : 1. This is an application filed by the appellant (accused no.1) through Jail though he is represented by an advocate in the appeal. On the last date, the said advocate was absent and therefore the application was adjourned till today. 2. In the application the applicant has stated that he was arrested on 22nd August 1998 and therefore has completed the period of ten years on 22nd August 2008. 3. The learned APP pointed out that the ((-2-)) judgement of the learned Special Judge shows that the applicant is in custody from 24th January 2001. He has invited my attention to the report submitted to the Superintendent, Ratnagiri Special Prison in which it is stated that as of 30th November 2008 the applicant has undergone sentence for eight years, nine months and eighteen days. 4. In view of the aforesaid position disclosed by the learned APP, the very foundation of the case of the applicant that he was arrested on 22nd August 1998 appears to be incorrect. Hence the application is rejected. 5. If the appeal is ready for hearing, the same shall be placed on final hearing board in last week of January 2009. (A.S.OKA, J.)