Abdul Rehman @ Rauf Kasam Shaikh vs The State Of Maharashtra And Anr
2021 Latest Caselaw 7615 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPEAL NO.209 OF 2020
                             WITH
               INTERIM APPLICATION NO.666 OF 2021

Abdul Rehman @ Rauf Kasam Shaikh              .. Applicant
     Versus
The State of Maharashtra & Anr                .. Respondents

                               ...
Ms.Shabana Syed for the appellant.
Mr. S.R.Agarkar, APP for the State.


                   CORAM: BHARATI DANGRE, J.

DATED : 9th JUNE 2021

P.C:-

1 Criminal Appeal admitted on 15th February 2021, assails the judgment passed by Sessions Judge, Dindoshi in Special Case No. 154 of 2016. Record and Proceedings Writ was issued on 17th February 2021 but the Office note record that the Record and Proceedings is yet not received. A reminder was also sent on 7th May 2021 but still the compliance is not done.

2 It is surprising to note that from Dindoshi Court in Mumbai, transmission of Record and Proceedings (R & P) is taking more than six months.

Tilak





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3                 The matter is admitted and directed to be taken up

for final hearing in terms of the earlier order since it was recorded that since the sentence cannot be sustained as prayed for, the Appeal itself would be heard finally. The appellant has also taken necessary steps to contact the complainant and forwarded a copy of the Appeal Memo. She has placed an affidavit of service on record to that effect which is dated 30th April 2021.

3 But for the R & P, the Appeal cannot be heard. In such circumstances, the Registrar of the Dindoshi Court is directed to look into the matter as to why the transmitting of the Record and Proceedings is consuming such a long time. R & P should be forthwith transmitted, if not transmitted earlier, and it should be ensured that it reach this Court on or before 23 rd June 2021. When the Court would deal with the Appeal. The learned counsel for the appellant is also directed to intimate the complainant about the Appeal being rescheduled for hearing on 23 June 2021.

SMT. BHARATI DANGRE, J

Tilak