Sessions Court had refused to proceed with criminal appeals due to the accused-appellants' absence. The High Court held that the CrPC imposes no explicit requirement of the accused's presence in appellate proceedings and quashed the impugned orders.
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.
SMITA Digitally signed by SMITA JOHNSON JOHNSON GONSALVESDate: 2024.04.23 GONSALVES 17:29:16 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.377 OF 2024
.. Jagdishprasad Purshottam Todi Applicant v/s.
The State of Maharashtra And Anr. .. Respondents
WITH
CRIMINAL APPLICATION NO.378 OF 2024
.. Jagdishprasad Purshottam Todi & Ors. Applicants v/s.
The State of Maharashtra And Anr. .. Respondents
Mr Shyam Dewani, a/w. Mr Manish Bohra, Mr Rishi Bhuta, Mr Suimit Khanna, Mr Ashish Dubey, Ms Risha Rathod and Ms Vaishnavi Javheri, for the Applicants in both Applications.
Mr Manoj Badgujar, for Respondent No.2 in both Applications.
Mr Kiran C Shinde, APP, for Respondent State.
Coram : R.N. Laddha, J.
Date : 23 April 2024
P.C. :
. Heard learned Counsel for the parties.
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hear or entertain matters only because the accused is absent from the Court. Under the provisions of the Code of Criminal Procedure, 1973, there is no explicit requirement mandating the presence of the accused in such proceedings. Considering this, and given that the learned Counsel for the respondent has no objection to allow the exemption application of the applicants before the Sessions Court, these applications can be disposed of accordingly.
(R.N. LADDHA, J.)
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1 issue framed by the court
Whether the Sessions Court in appellate jurisdiction can decline to hear appeals merely because the accused is absent.
1 provisions across 1 enactments
Jagdishprasad Purshottam Todi
The State of Maharashtra
Respondent No.2
R.N. Laddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
