The State Of Maharashtra v. Asgar Abdul Sattar

43-APPA-1389-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1389 OF 2016 IN CRIMINAL APPEAL NO.247 OF 2008 THE STATE OF MAHARASHTRA )...APPLICANT V/s.

ASGAR ABDUL SATTAR )...RESPONDENT Ms.A.A.Takalkar, APP for the Applicant - State. Ms.Heena Suvarnakar i/b.Mr.H.S.Patil, Advocate for the Respondent.

CORAM

:

A. M. BADAR, J.

DATE :

15th FEBRUARY 2017.

P.C. :

This is an application for recalling the order dated 22nd July 2016 passed by this court which reads thus : "The appellant to take appropriate steps to serve the respondent no.1 within a period of four weeks from today failing which the appeal shall stand dismissed as against the respondent no.1, without further reference to this court."

avk 1/2

43-APPA-1389-2016.doc Perused the application and heard the learned APP appearing for the State. It is seen from the record as well as the pleadings made in the application that the appellant / State had taken all necessary steps for effecting service on respondent no.1 in Criminal Appeal No.247 of 2008. It is stated in the application that an application under Section 82 of the Code of Criminal Procedure was also filed before the concerned court for proclamation. However, respondent no.1 / accused could not be traced out.

In this view of the matter, the application is allowed. The order dated 22nd July 2016 is recalled.

The applicant / appellant to take necessary steps for effecting service on respondent no.1 in the appeal. (A. M. BADAR, J.) avk 2/2