Shantilal Manaklal Raka v. The State Of Maharashtra And ANR.

Rane 1/2 sr.10 & 11 17.11.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1779OF 2021 ALONGWITH WRIT PETITION NO. 1780 OF 2021 Shantilal Manaklal Raka .....Petitioner (Orig.Accused) V/s.

State of Maharashtra and Ors.

.....Respondents * * * * Ms. Aarti P. Bhide, Advocate for the petitioner. Mr. Y.M. Nakhawa, APP for State.

Coram : Sandeep K. Shinde, J.

Wednesday, 17 th November, 2021.

P.C. :

1.

Heard.

2.

Order, 'issue process', dated 9 th September, 2020 in SCC No.169 of 2020 and S.C.C. No.170 of 2020 passed by the Judicial Magistrate First Class, Satana, Nashik is challenged in this petition.

3.

Although, I am not inclined to interfere with the impugned order, yet in consideration of the fact that

Rane 2/2 sr.10 & 11 17.11.2021 the petitioner is an 84 year old person, suffering from various ailments, the learned Judicial Magistrate First Class, Satana shall exempt his presence in the trial, in S.C.C. No.169/2020 and S.C.C. No.170/2020, unless essential.

4.

Petitioner-accused shall move a formal application through his lawyer seeking exemption of his presence, whereupon the Magistrate shall pass an appropriate order keeping in mind, the age and the ailment, the petitioner-accused is suffering from. 5.

The petitions are disposed off in the aforesaid terms.

Digitally signed by NEETA SHAILESH SAWANT Date:

2021.11.17 19:03:06 +0530 NEETA SHAILESH SAWANT (Sandeep K. Shinde, J.)