Shakil Ahmed Shafi Khan vs The State Of Maharashtra
2021 Latest Caselaw 17219 Bom

    Megha                                       203_apeal_408_1997.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION
        Digitally signed
MEGHA   by MEGHA S

                                 CRIMINAL APPEAL NO.408 OF 1997
        PARAB
S       Date:
PARAB   2021.12.10
        16:09:30 +0530




        Shakil Ahmed Shafi Khan                                ...Appellant
                               Versus
        The State of Maharashtra                             ...Respondent
                                                 ....
    None present for the Appellant.
    Mr. S.V. Gavand, APP for Respondent -State.
    Mr. Jigar K. Agarwal, Amicus Curiae.

                                          CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 9th DECEMBER, 2021.

P.C.:-

The Appellant herein(accused No.3), has challenged the

judgment dated 29/04/1997 passed by the learned Additional

Sessions Judge, Greater Bombay, in Sessions Case No.855 of 1993

and 1082 of 1994.

2. Order dated 06/09/2017 records that the Appellant could

not be traced despite extensive search in pursuance of the bailable

warrant issued by this Court and hence, the appeal could be heard in

the absence of the Appellant on the basis of the record.

Megha 203_apeal_408_1997.doc

3. It is seen that copies of the deposition are not on record.

Letter dated 13/01/2006 received from the Additional Sessions

Judge, Greater Bombay reveals that the deposition of the witnesses at

Exhibits 15, 16, 19, 21, 23 and 31 was not traceable and that the

efforts were being made to trace the records or reconstruct the same.

4. Registrar (Judicial -I) to look into the matter and verify

whether the deposition of the witnesses at Exhibits 15, 16, 19, 21, 23

and 31 has been traced and or file has been reconstructed.

5. Stand over to 20/12/2021.

(SMT. ANUJA PRABHUDESSAI, J.)