Dismissed

Zaverchand Harjivan Sheth v. the State of Maharashtra and Ors.

Bombay HC8 Jul 2014APPA/346/2014

Case brief

AI extract

What is this about?

The applicant sought to recall a Criminal Appeal judgment dismissed without his presence, alleging violation of prior court orders. The court rejected the prayer, holding that his counsel had explicitly waived the requirement for his presence, so the applicant cannot now complain.

What did the court decide?

Prayer for recall of the Judgment and Order in Criminal Appeal No.661 of 2005 and rehearing of the appeal rejected.

1The learned APP pointed out that the applicant who was accused No.1 is on parole and is personally present in the Court. The applicant states that he does not want assistance of any Advocate though this Court has appointed an Advocate to espouse his cause.

2We have heard his submissions. The Sessions Court had convicted the applicant for various offences. Criminal Appeal No.661 of 2005 preferred by the applicant along with appeals of the other co- accused were disposed of this Court by the Judgment and Order dated 12th April 2013. The appeal preferred by the applicant was dismissed.

person is that there were at least 2 prior orders of this Court which directed that the applicant be brought to this Court at the time of final hearing of the appeals. His submission is that notwithstanding the said orders, he was not brought before this Court at the time of hearing of the appeals and, therefore, material facts were not argued by his Counsel before this Court. He has made certain allegations against the learned senior Advocate who represented him and the learned APP. He prays that the final Judgment in the appeal be recalled and the same may be heard afresh.

4We have considered his submissions. It is true that there was a direction issued by this Court directing that the applicant shall be brought before this Court at the time of final hearing of the Criminal Appeal No.661 of 2005.

5Further order dated 22nd January 2013 passed by this Court and in particular paragraph 5 thereof records the statement of the learned senior counsel representing the applicant that he will not insist on the presence of the accused in the Court at the time of hearing of the appeal. It is not in dispute that the learned senior counsel who made the statement was duly representing the applicant. It appears that in view of this statement that this Court proceeded to hear and decide the appeal without procuring the presence of the Applicant from jail and by Judgment and Order dated 12th April 2013 which runs into 137 pages, the appeal filed by the

6It is only in view of the statement made by the learned senior counsel appointed by the applicant that the applicant was not brought before this Court. Therefore, the applicant cannot make any grievance about the fact that he was not brought to the Court. Moreover, the Judgment in appeal shows that extensive submissions were made by his Counsel in support of his appeal. The said submissions have been dealt with by this Court. Hence, prayer made by the applicant for recall of the Judgment and Order in Criminal Appeal and rehearing of the appeal is rejected.

Zaverchand Harjivan Sheth v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Zaverchand Harjivan Sheth v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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