The High Court of Judicature at Bombay allowed the State's application for issuance of a proclamation against the respondent, who had absconded after getting bail pending appeal. The court made the application absolute.
Issuance of proclamation against the respondent; liberty granted to the State to take action against the sureties.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.320 OF 2006
IN CRI. APPEAL NO.200 OF 1996
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Office notes, office Memoranda Court’s or Judge’s orders.
of Coram, appearance, Court’s
orders or directions and
Registrar’s orders.
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Mr.Rajesh More, APP. for the State.
CORAM : R.S. MOHITE,J.
DATED : 13/4/2006.
P.C.
1. This is an application made by the
State for issuance of proclamation. It
appears that the respondent was
convicted by the Sessions Court,
Greater Bombay by judgment and order
dated 19.3.1996. The respondent has
preferred appeal in this court being
Appeal No.479 of 1993. Pending appeal,
he secured bail and thereafter
absconded. The appeal came to be
dismissed for non prosecution on
13.7.2003. Thereafter, this court had
issued non bailable warrant on
16.12.2005 which has remained
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unexecuted. In the circumstances,
present application is made. The
application is therefore, made absolute
in terms of prayer clause (a). The
State will be at liberty to take action
against the sureties.
(R. S. MOHITE, J.)
1 issue framed by the court
Whether an application for issuance of proclamation under the Code of Criminal Procedure, 1973 should be allowed in the circumstances of the case.
State
Respondent
R.S. MOHITE
As recorded by the court registry
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