This single-paragraph bail order records receipt of the status report and criticizes the jail/prosecution for non-production of accused persons, issuing bailable warrants against prosecution witnesses and leaving the matter fixed for October 2014.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
11 BA 1207(2nd order)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1207 OF 2014.
Rakhmaji Parmeshwar Mahadik and ors .. Applicants. V/s. The State of Maharashtra .. Respondent.
Mr. Pradeep Namdeod Chavan, for the Applicants.
Smt. A.A. Mane, APP for the respondent State.
CORAM : MRS. MRIDULA BHATKAR, J. DATE : 22nd September, 2014
P.C.
As per order passed in the first Sessions, the status report is received. It is taken on record. It shows that on 6th September, 2014, two prosecution witnesses were present before the Court. However, adjournment was sought by the defence lawyer which was granted subject to costs of Rs.3000/- each to the witnesses. Thereafter on 18th September, 2014, even though the accused
persons were produced by the jail authorities, the defence lawyers were not present.
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11 BA 1207(2nd order)
Witnesses were absent on that day and bailable warrants have been issued against them and the
matter is fixed on 1st October, 2014 for
securing the presence of witnesses. When the
witness summons are issued, it is binding on
the prosecution/jail authorities to produce
the accused persons before the Court on all
the respective dates at 11.00 a.m. Non
production of accused persons by the jail authorities amounts to delay and causes an obstacle in smooth judicial proceedings. The learned Judge to proceed with the Sessions Case on day to day basis and complete the
trial as early as possible preferably by 10th November, 2014. Application is disposed of
accordingly.
(MRS. MRIDULA BHATKAR, J.)
Page No.2 of 2
The State of Maharashtra
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
