Atul Rama Lote vs The State Of Maharashtra And Anr
2021 Latest Caselaw 16642 Bom

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                                                                  1December, 2021.

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                   CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL APPLICATION (APL) NO. 1033 OF 2021


                      ATUL RAMA LOTE                               ) APPLICANT
                          V/S.
                      THE STATE OF MAHARASHTRA
                      AND ORS.                                     )RESPONDENT


                                                  ****

                      Ms. Rebecca Gonsalves i/by. Mr. Dr. Yug Mohit Chaudhry,
                           Advocate for the applicant.

                      Mr. A.R. Patil, APP for State.

                                   Coram : Sandeep K. Shinde, J.

Wednesday, 1st December, 2021.

P.C. :

1. This application under Section 482 Criminal

Procedure Code, impugns Clause-2 of the order dated 7th

October, 2021 below Exhibit-17 passed by the learned

Additional Sessions Judge-6, Thane in Special Case

No.107/2014 by which the learned Sessions Judge,

permitted to recall, the prosecution witnesses, for cross-

         Digitally
         signed by
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT       examination, subject to Bhatta, quantifed at Rs.1,000/- to
SAWANT   Date:
         2021.12.02
         13:59:16
         +0530
                      be paid to each witness.
 Rane                             2/3         APL-1033-2021-SR.14
                                                1December, 2021.

BACKGROUND FACTS :

2. Division Bench of this Court, in Confrmation Case

No.5/2016 vide judgment dated 25th April 2019, quashed

and set aside, the judgment dated 28 th September 2016,

convicting the accused and restored Special Case

No.107/2014 to the fle of the District Judge-8 & Special

Judge (POCSO) for proceeding further from the stage of

alteration of charge. As such, the accused moved an

application below Exhibit-17 seeking to recall the

prosecution witnesses for their cross-examination. In

context of these facts, although the learned Judge granted

the request to recall the witness, but made it subject to

payment of Bhatta of Rs.1,000/- for each witness.

3. Ms. Gonsalves, learned Counsel for the

applicant, would rely on the provisions of the

Maharashtra Payment by Government of Expenses of

Complainants and Witnesses (attending Criminal Courts)

Rules, 1980 ("Rules of 1980" for short) to contend that,

interms of these Rules, the Bhatta to be paid to the

witnesses, is regulated by the Rules and therefore the Rane 3/3 APL-1033-2021-SR.14 1December, 2021.

order directing the accused to pay Bhatta of Rs.1,000/- to

each witness was against the law.

4. In consideration of the facts of the case and in

view of the provisions of the Rules of 1980, Clause (2) of

the order dated 7th October, 2021 below Exhibit-17 in

Special case passed by the learned Additional Sessions

Judge-6, Thane in Special Case No.107/2014, is quashed

and set aside. In the result, Bhatta shall be paid to the

witnesses in terms of the Rules of 1980.

5. Application is allowed and disposed of in the

aforesaid terms.

(Sandeep K. Shinde, J.)