Bombay High Court
Sk. Sameer Alias Kavva S/O. Rafiq ... vs State Of Maharashtra Thr. P.S.O. ... on 4 January, 2018
Bench: V.M. Deshpande
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL REVISION APPLICATION NO.202 OF 2017
1. Sk. Sameer alias Kavva s/o Rafiq Ahmad,
Aged about 28 years,
Occupation labourer,
r/o Ful Oli Chouk, Kamptee,
P.S. Kamptee, District Nagpur.
2. Mulmil Husain s/o Muzzafar Husain,
Aged about 24 years,
Occupation labour,
r/o Haidari Chouk,
Kamptee, P.S. Kamptee,
District Nagpur. ..... Applicants.
:: VERSUS ::
State of Maharashtra,
Through : PSO Juni Kamptee,
Nagpur. ..... Non-applicant.
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Shri B.R. Trivedi, Counsel for the applicants.
Shri Amit Madiwale, Addl.P.P. for the State.
================================================================
CORAM : V.M. DESHPANDE, J.
DATE : JANUARY 4, 2018.
ORAL JUDGMENT
1. Rule. Rule made returnable forthwith. Heard finally by
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consent of learned counsel Shri B.R. Trivedi for the applicants and
learned Additional Public Prosecutor Shri Amit Madiwale for the
State.
2. By the present revision, the applicants are challenging
order passed by learned Additional Sessions Judge at Nagpur below
Exhibit 19 dated 13.10.2017 in Sessions Trial No.167 of 2017 by which
though learned Judge of the Court below has granted adjournment,
the said was granted subject to payment of costs of Rs.10,000/-.
3. Learned counsel Shri B.R. Trivedi for the applicants
submits that on 13.10.2017, an application for adjournment was
required to be moved since he was busy in the marriage ceremony of
his daughter at Pune.
4. Learned Public Prosecutor Incharge of the said sessions
trial, opposed the application on the ground that the witnesses were
present on 12.10.2017, 13.10.2017, and on 3.10.2017.
5. Learned counsel Shri B.R. Trivedi for the applicants
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invited my attention to Rojnama of Sessions Trial No.167 of 2017. He
pointed out from the said Rojnama that Exhibit 20 was moved by
learned Public Prosecutor which was an application for issuance of
summonses to the prosecution witnesses.
6. Looking to the facts that learned counsel Shri B.R.
Trivedi for the applicants was held up at Pune in connection with
marriage ceremony of his daughter and applicants were present before
the Court and when the application for adjournment was granted by
the Sessions Court, the Sessions Court ought to have considered
quantum of imposing of costs especially when the charge-sheet shows
profession of the applicants as labourers, in my view, imposition of
costs that too to the extent of Rs.10,000/- is clearly excessive.
7. In that view of the matter, this Court passes the following
order:
ORDER
(i) The criminal revision application is allowed.
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Judgment
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(ii) The costs of Rs.10,000/- imposed by learned Additional
Sessions Judge at Nagpur is hereby waived.
(iii) It is reported to this Court that the next date fixed
for recording of the evidence is 24.1.2018. It is made clear
that on 24.1.2018 the applicants and their counsel shall
remain present before the Sessions Court and shall not
make an attempt for adjournment on the said date.
(iv) With this, the criminal revision application is allowed
and disposed of.
JUDGE
!! BRW !!
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