Aba Balbhim Sutar vs Sagar Arvind @ Balaso Malusare And ...
2021 Latest Caselaw 4773 Bom

                                                                               15.Apeal.550.2003 aw. Revn.150.2003.doc



                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CRIMINAL APPELLATE JURISDICTION
                                                   CRIMINAL APPEAL NO.550 OF 2003

Aarti
         Digitally
         signed by         The State of Maharashtra                                     ....Appellant
         Aarti G. Palkar
G.       Date:
         2021.03.17            Versus
Palkar   16:30:03

                           Sagar Arvind @ Balaso Malusare & Ors.                        ....Respondents
         +0530




                                                           ALONG WITH
                                           CRIMINAL REVISION APPLICATION NO.150 OF 2003
                           Aba Balbhim Sutar                                            ....Applicant
                               Versus
                           Sagar Arvind @ Balaso Malusare & Ors.                        ....Respondents

                           Mr. H.J. Dedhia, APP for the Appellant-State in Criminal Appeal
                           No.550/2003.
                           Ms. Aniketa Aher Sawant for the Respondents in Criminal Appeal
                           No.550/2003 and Criminal Revision Application No.150/2003.

                                                           CORAM : PRASANNA B. VARALE &
                                                                   SURENDRA P. TAVADE, JJ.

                                                            DATE    : 16th MARCH, 2021.
                           P.C. :

1. By an order dated 23.02.2021, Appeal No.550/2003 fled at the instance of State of Maharashtra challenging the judgment and order of acquittal of the respondents and Revision Application No.150/2003 at the instance of the applicant-Aba Balbhim Sutar were adjourned to 16.03.2021 i.e. today so as to provide one opportunity to the learned counsel appearing for the applicant in Revision Application.

2. Today, Ms. Aniketa Sawant present in this Court and submitted before this Court that though power was fled on 17.04.2004 so as to represent Accused Nos.1 and 2 i.e. Respondent Nos.1 and 2 in the appeal preferred by the State, as no instructions were received the papers were

Aarti Palkar 1/2

15.Apeal.550.2003 aw. Revn.150.2003.doc

returned to the respondents in the year 2006. It is then submitted by the learned counsel that thereafter an attempt was made by the learned counsel so as to forward a communication or intimation to the respondents, but as no whereabouts were available, the learned counsel was unable to establish any contact with the respondents. In view of this statement of the learned counsel, we deem it appropriate to issue a fresh notice to the respondents in Criminal Appeal No.550/2003 making the same returnable within a period of six weeks' from today.

3. Learned APP also communicate this order to the concerned police station where the First Information Report was lodged i.e. Wai Police Station, District Satara and seek a report insofar as latest whereabouts of Respondent No.1 - Sagar Arvind @ Balaso Malusare and Respondent No.2

- Giridhar Arvind @ Balaso Malusare, both resident of 2318 Songirwadi Wai, Tal. Wai, Satara are concerned.

4. All the concerned to act on an authenticated copy of this order.

(SURENDRA P. TAVADE, J.)                             (PRASANNA B. VARALE, J.)




Aarti Palkar                                                                                  2/2