The High Court allowed an application to join Bhavana Thakkar, the main accused in an underlying offence under a specific financial protection act, as a necessary party respondent to the current criminal appeal.
The applicant was permitted to join Bhavana Thakkar as a party respondent; notice issued returnable on 20th December 2018.
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.
(10)APPANo.2772017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1476 OF 2018 IN CRIMINAL APPEAL NO.842 OF 2015 WITH CRIMINAL APPEAL NO.842 OF 2015
Shri.Ashok Trikamchand Bajaj ... Applicant/Appellant V/s. The State of Maharashtra & Ors. ... Respondents
Mrs.Manjula Rao with Mr.Ashok Kumar S. Dubey i/b. Savj Law Solutions, Advocate for the Applicant/Appellant.
Mr.S.V.Gavand, APP for the Respondent/State.
Mr.C.H.Mehta, Advocate for the Respondent No.3.
CORAM : A.M.BADAR J.
DATED : 30th NOVEMBER 2018.
P.C. :
1 This is an application for joining the original accused as a party respondent to the appeal.
2 Heard the learned Counsel appearing for the applicant. She submits that the applicant desires to join the main accused, who is facing trial as a party respondent in the appeal filed by the applicant. The learned Counsel for the depositor/respondent No.3
1/2
Gaikwad RD
(10)APPANo.2772017.doc
submits that there is no need to join the main accused a party respondent in the appeal.
3 The learned Additional Public Prosecutor appears for the State.
4 Considering the fact that Bhavana Thakkar, who is sought to be added as a party respondent is the main accused facing trial of the offence under Maharashtra Protection of Interest of Depositors in Financial Establishment Act, 1999, her presence is necessary and she is the necessary party.
6 The applicant/appellant to join the proposed respondent Bhavana Thakkar original accused as party respondent to the appeal forthwith.
7 Issue notice to newly added respondent returnable on 20th December 2018 .
8 The applicant/appellant to take necessary steps for effecting service on the newly added respondent forthwith. Hamdast is allowed.
2/2
Gaikwad RD
1 issue framed by the court
Whether the main accused facing trial under the Maharashtra Protection of Interest of Depositors in Financial Establishment Act, 1999, should be joined as a party respondent to the criminal applicatio
1 provisions across 1 enactments
Ashok Trikamchand Bajaj
The State of Maharashtra
Bhavana Thakkar
A.M. Badar J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
