Application for modification of expeditious trial order dismissed. Court directed magistrate to exempt co-accused abroad from personal appearance unless necessary and fixed two-month period for trial conclusion.
Directed Magistrate to exempt co-accused from personal appearance unless necessary; trial to be concluded within two months.
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903-appp-136.2015.sxw
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY . CRIMINAL APPELLATE JURISDICTION
MISC. APPLICATION NO. 136 OF 2015 IN
CR. APPLN. U/W.482 NO. 82 OF 2015
Jawahar Nadar … Applicant
Versus
Priyesh Bheda and anr. … Respondents
Mr. Vijay Kamat for the applicant.
Mr. Priyeh Bheda respondent no. 1 in person.
Mr. Ajay Patil A.P.P. for State.
CORAM : M.L. TAHALIYANI, J. DATED : MARCH 17, 2015
P.C.
Heard learned advocate for the applicant, respondent no. 1 in person and learned A.P.P. for respondent no. 2. .
2. The application is for modification of the order passed by this court on 4th February, 2015 directing expeditious trial of the Criminal Case No. 11/PS/2009 pending in the court of Metropolitan Magistrate, 35th Court, CST Railway, CST Mumbai. The applicant is one of the
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accused in the said case. His sister is co accused. It is submitted by the learned counsel that because of the order of this court for expeditious hearing of the case, the learned Magistrate is pressing for appearance of the co-accused, who is at present in U.S.A.
(a) Application is dismissed. However, it is directed that the learned Magistrate shall exempt accused No. 1 in Criminal Case No.11/PS/2009 from personal appearance till her personal appearance is necessary in the court for further hearing of the pending case.
(b) Application stands disposed of. The trial should be concluded within the period of two months from today.
(JUDGE )
2 issues framed by the court
Whether to modify the order for expeditious trial of the appellant.
Whether the accused in the U.S.A. must appear personally in all court dates.
2 provisions across 1 enactments
Jawahar Nadar
Priyesh Bheda
M.L. Tahaliyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
