Mohd. Hanif S/O Mohd. Habib And Another (In Jail) v. The State Of Maharashtra, Thr. P.S.O. Ramdaspeth P.S. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [APPA] No. 409 of 2016 IN Criminal Appeal No. 139 of 2016 [Mohd. Hanif son of Mohd. Habib & another Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Avinash Gupta, Sr. Adv., with Mr. R.K. Tiwari, Adv., for the appellants.

Mr. Jawade, APP for respondent.

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CORAM

:

B. P. DHARMADHIKARI AND A.S. CHANDURKAR, JJ.

DATE :

19th August, 2016 Heard learned Senior Adv. Mr. A.V. Gupta with learned Adv. Mr. R.K. Tiwari for the appellants. Learned Sr. Adv. Mr. Gupta submits that trial of present appellants was separate, as they were shown as absconding and surrendered lateron. Till then, prosecution had already examined six witnesses and without giving effective opportunity to these appellants in the matter, that evidence has been used against them and a common judgment has been delivered in the trial which had already proceeded against other accused persons. It is pointed out that these accused persons

were unrepresented before Trial Court.

Learned APP is seeking time to verify these facts. We find that while passing orders on Criminal Application No. 374 of 2016, this Court has recorded very same contentions and granted request of learned APP. Matter was adjourned by two weeks.

In this situation, we allow the Criminal Application. List Criminal Appeal for final hearing in the week commencing 19th September, 2016.

In view of limited challenge, we presently dispense with paper-book.

Judge Judge |hedau| C E R T I F I C A T E original signed Judgment/Order.

Uploaded by : R.B. Hedau, Uploaded on : 19th Aug., 2016 Pvt. Secretary.

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