The High Court allowed a criminal application and directed the impounding of the passport of Respondent No. 4, a non-resident accused in Canada, to secure her presence for trial. The Court also disposed of an interim application.
Direction to impound the passport of respondent No. 4 with intimation to Passport Authorities.
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.
905.IA.1.19 in APL.1228.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1228 OF 2019
M/s Jet Sonic Audio
…..Applicant
Versus
The State of Maharashtra & Ors. …..Respondents
Mr. S.D. Mogre a/w. D.M. Galani, Advocate for the Applicant.
Mr. Arfan Sait, APP for Respondent-State.
ShubhaS.Pathak Digitallysigned byShubhaS.PathakDate:2019.12.1811:54:35+0530
CORAM : SURENDRA P. TAVADE, JJ. DATE : 13th DECEMBER, 2019.
P. C. :
ssp 1/2
905.IA.1.19 in APL.1228.19.doc
that the order passed on Exhibit-70 was not proper and as per the facts on record of the case. Trial Court has passed a plain order at Exhibit-74 wherein it is specifcally mentioned that she passed order inadvertently. Though say was not fled, Advocate for the petitioner was not heard and inspite of that, application came to be rejected. The learned Magistrate has shown reluctantness to change the order on the ground that she has no power to change the order. The fact remains that the order passed on Exhibit-70 was not proper and legal. The Advocate was not heard and any factual aspects of the matter was not considered by the Trial Court which needs to be corrected.
[SURENDRA P. TAVADE, J.]
ssp 2/2
2 issues framed by the court
Whether the impounding of the passport of a non-resident accused pending non-bailable warrant can be directed to ensure her presence.
Whether the trial court erred in rejecting the review petition regarding the passport impounding application without hearing the applicant.
M/s Jet Sonic Audio
The State of Maharashtra
Ors.
Surendra P. Tavade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
