Partly allowed

Vishnu Tatoba Mane and Anr. v. the State of Maharashtra

Bombay HC8 Apr 2005REVN/116/2005

Case brief

AI extract

What is this about?

The High Court set aside the Sessions Judge's order dismissing the appeal for default and non-prosecution, requiring payment of costs and paper-book charges within specified timelines.

What did the court decide?

Impugned order set aside; directed to pay costs to Legal Service Authority in one week and pay paper-book charges in three days of restoration; stayed arrest for 10 days.

Vishnu Tatoba Mane and Anr. Vs the State of… — Civil Procedure and Limitation | Bombay HC (2005)

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HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL REVISION APPLICATION NO. 116 of 2005.

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 Shri Vishnu Tatoba Mane & Anr. ...Petitioners.

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 The State of Maharashtra.

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...Respondent

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Shri J.P.Kharge, advocate for petitioner

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 Shri K.V.Saste, APP for respondent.

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CORAM: A.M.KHANWILKAR,J
DATE : APRIL 8, 2005

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P.C. :-

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Heard the learned counsel for the parties.

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Rule, made returnable forthwith, by consent.

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Shri K.V.Saste, APPwaives notice for

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 respondent-State.

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As short question is involved, matter is taken up
 for final hearing forthwith, by consent.

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 5.This petition takes exception to the order passed
 by the Sessions Judge, Sangli dated 29th March, 2005,
 dismissing the appeal preferred by the petitioner, for
 default as well as for non-prosecution.

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6.The only explanation offered by the petitioner is
 that due to personal difficulty, the petitioner could
 not remain present in the court, at the time of hearing
 of the appeal nor could deposit paper-book charges
 within the time.

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The explanation so offered, in my view, is not at
 all satisfactory much less sufficient cause. However,
 by way of indulgence, the order which is impugned in
 this petition is set aside, on petitioner paying cost
 to be deposited with the High Court Legal Service
 Authority within one week from today, quantified at

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It is made clear that only on payment of cost as
 aforesaid, the order impugned in this petition will be
 treated as set aside.

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 9.Besides, paying cost within one week in terms of
 this order, petitioner undertakes to pay necessary
 paper-book charges before the appellate court within
 three days from the date on which appeal will stand
 restored to the file of the appellate court in terms of
 this order.

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10.Petitioner not to be arrested for a period of 10
 days from today in connection with the present offence
 to enable the petitioner to comply the aforesaid

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Petition disposed of in the above terms.

Vishnu Tatoba Mane and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vishnu Tatoba Mane and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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