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1972 Supreme(Bom) 113

V.S.DESHPANDE
JONATHAN SAMUEL SOLOMON – Appellant
Versus
. – Respondent


JUDGMENT-When the judgment in Criminal Appeal No. 1303 of 1970 was pronounced by me on September 13, 1972, Mr. Andhyarujina, the learned counsel appearing for the respondent-complainant, made an oral application immediately thereafter for certificate granting leave to appeal to the Supreme Court against the said judgment under Article 134 (1)(c) of the Constitution certifying that the case was a fit one for appeal to the Supreme Court. Mr. R. S. Nadkarni, learned advocate appearing for the appellant, raised a preliminary objection on that day against entertainment of such application as, according to him, such applications can be entertained only by the Division Bench and as such I had no jurisdiction to entertain the same. Though the practice followed so far supported Mr. Nadkarnis contention, the point raised was found to be not free from doubt. The hearing of his oral application was, therefore, adjourned by me till today to enable the learned advocates to look into the matter and assist me in disposing of the said objection. The point has been now argued today threadbare.

2. Now, right of appeal to the Supreme Court from any judgment, final order or sentence in criminal proceed













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