The State Of Maharashtra vs Pragnesh Mahendrakumar Desai And ...
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                                                                          (2)Apeal-174-2004.doc


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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
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           Date:
           2021.03.09
                                          CRIMINAL APPELLATE JURISDICTION
           18:19:23
           +0530
                                            CRIMINAL APPEAL NO.174 OF 2004


                        The State of Maharashtra                  ]     ...      Appellant
                                    vs.
                        Pragnesh Mahendrakumar Desai & Anr.       ]     ...      Respondents.

                        Ms.P.P. Shinde, APP for the State.
                        Mr.S.R. Mithare, for Respondent No.1.
                        Mr.Nitin Sejpal, for Respondent No.2.
                        Mr.Yogesh Deshmukh, API, Kashimira Police Station present.

                                                CORAM : SMT.SADHANA S. JADHAV &
                                                        N.R.BORKAR, JJ.

                                                DATE    :   9th MARCH, 2021.

                        P.C.


                        1]          The Respondents were indicted with a charge under

                        Section 302, 120B, 201 read with 34 of the Indian Penal Code in CR

                        No.21/2003 registered at Kashimira Police Station. They were tried for

                        the said offences in Sessions Case No. 237 of 2003 and were acquitted

                        by the Judgment and order dated 26th September, 2003.



                        2]          The State being aggrieved by the Judgment and order of

                        acquittal in favour of the respondents, have preferred Criminal Appeal

                        No.174 of 2004. At the stage of admission, both the respondents were


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represented by the respective Advocates and therefore no action under

Section 390 of the Code of Criminal Procedure was taken against

them.


3]          The Respondent No.2 was represented by learned counsel

Mr. Nitin Sejpal.   In our previous order dated 9th February, 2020, we

have observed that     learned counsel Mr. Nitin Sejpal has filed an

Affidavit demonstrating the efforts taken by him to contact Respondent

No.2.   Despite several efforts by Mr. Sejpal, there was no response

from the Respondent, instead the Respondent No.2 had blocked

contact with the advocate.


4]          It appears from record that, at the time of trial and

admission of the Appeal the Respondent no.2 was residing at

Bungalow No.9, Tulsi, Shreeji Shraddha Society, Karelobaug, Baroda,

Gujarat State. However, at the time of arresting the Respondent No.1

at Vadodara, the Kashimira Police Station had also taken efforts to

arrest the Respondent No.2 on the address given by the learned

counsel and on which letters sent by the Advocate were received.

However, upon enquiry, step sister of Respondent no.2 namely

Mrs.Kinjal Shaha has reported that ever since 2004 Respondent no.2 is

residing at United Kingdom (England).     She has feigned ignorance

about the address of Respondent No.2. However, the report shows


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that his cellphone no. is +447497370077.


5]            In view of this fact, we are constrained to issue Non

Bailable Warrant against Respondent No.2. Hence, the following order

is passed :

                                 ORDER

i] Issue Non-Bailable Warrant against Respondent No.2 returnable on 6th April, 2021;

ii] A look out notice to be issued forthwith against Respondent No.2 and the same be circulated to all Airports;

iii] The Commissioner of Police, Mira-Bhayander, Vasai and Virar Division, shall personally look into the matter and make every possible effort to get the NBW executed;

iv] The State shall send a copy of the NBW to the UK Embassy and submit a report to that effect within two weeks. The Registry shall issue notice to the UK Embassy about pendency of this appeal against acquittal before this Court.;

v] Matter to appear on board on 6th April, 2021.

[N.R.BORKAR, J] [SMT.SADHANA S. JADHAV, J]