Revision application against Special Judge's order rejecting witness adjournments in Special Case (ACB) No. 3 of 2015 and imposing costs for non-genuine reasons and wastage of court time.
The revision application by the State was dismissed. The impugned order rejecting adjournments and imposing costs was upheld.
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.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
934 CRIMINAL REVISION APPLICATION NO.219 OF 2019
THE STATE OF MAHARASHTRA VERSUS
SACHIDANAND S/O. HIRACHAND BANGAR AND OTHERS
APP for Applicant-State : Mr. S.B.Narwade
CORAM : S. G. MEHARE, J.
DATE : 23.11.2022.
PER COURT :
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statement. Hence, he was medically examined through the District Civil Surgeon, Beed. The report was received that the said witness has no ill health. Thereafter, also the Court granted him adjournment subject to the cost of Rs. 5,000/-. The another panch witnesses also did not laid the evidence. The learned Special, Judge observed that the day was fixed for recording evidence of those witnesses. The witnesses have spent valuable time of the Court. They did not pay any heed to the Court’s time. The reasons for their inability to lead the evidence were not bonofide. Hence, the Special Judge (ACB) has imposed cost of Rs. 2,000/- each.
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the learned Special Judge, Beed for imposing costs appears just and proper. There appears absolutely no error committed by the Special Judge, Beed in passing the impugned orders. Considering the conduct and giving false reasons, there is no scope to take a lenient view. For the reasons stated above the application stands dismissed.
( S. G. MEHARE ) JUDGE
mahajansb/
2 issues framed by the court
Whether Special Judge erred in rejecting witness adjournment requests and imposing costs for non-bonafide reasons.
Whether public servant status warrants leniency when witnesses provide false reasons for adjournments.
1 provisions across 1 enactments
The State of Maharashtra
Sachidanand S/O. Hirachand Bangar
S. G. Mehare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
