The State Of Maharashtra vs Kanhayyalal @ Kanhayya Premji ...
2021 Latest Caselaw 13918 Bom

                                                                           4-407-12-Apeal=.doc


                             Uday S. Jagtap


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                              CRIMINAL APPEAL NO. 407 OF 2012

                             1. Kanhayyalal @ Kanhayya Premji
                                Sethiya (Bhanushali)
                             2. Dipak Ratan Dhaba (Bhanushali)
                             3. Manish Arvindbhai Gajra (Bhanushali)       .. Appellants

                                  Vs.
                             The State of Maharashtra                      .. Respondent

                                                          WITH
                                               CRIMINAL APPEAL NO. 5 OF 2011

                             The State of Maharashtra                      .. Appellant
                                   Vs.
                             1. Kanhayyalal @ Kanhayya Premji
                                Sethiya (Bhanushali)
                             2. Dipak Ratan Dhaba (Bhanushali)
                             3. Manish Arvindbhai Gajra (Bhanushali)       .. Respondents

                                                          WITH
                                              CRIMINAL APPEAL NO. 91 OF 2011

                             The State of Maharashtra                      .. Appellant
                                   Vs.
                             1. Haresh @ Hari @ Raj Tharyabhai
                                (Bhanushali)
                             2. Kanhayyalal @ Kanhayya Premji Sethiya
                                (Bhanushali)
                             3. Dipak Ratan Dhaba (Bhanushali)
                             4. Manish Arvindbhai Gajra (Bhanushali)       .. Respondents

                                                             .....

Mr. M.S. Mulla i/b Mr. I.M. Khairdi for the complainant Ms. Geeta Mulekar, APP for respondent State

Digitally signed UDAY by UDAY SHIVAJI SHIVAJI JAGTAP Date:

JAGTAP 2021.09.27 17:57:21 +0530 1 of 3 4-407-12-Apeal=.doc

CORAM : SMT. SADHANA S. JADHAV & PRITHVIRAJ K. CHAVAN, J.J.

DATED : 27th SEPTEMBER, 2021

P.C.

1. The accused are convicted for the offence punishable under Section 460 r/w 34 of the Indian Penal Code and directed to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.3,000/- each, in default further imprisonment for 3 months by Additional Sessions Judge, Vasai by judgment and order dated 20th November, 2010 in Sessions Case No. 29 of 2008. The appeal filed by the accused is admitted.

2. The State of Maharashtra has challenged the said judgment by filing Criminal Appeal No. 5 of 2011 seeking the relief of enhancement, as there is a grievance that the judgment suffers from inadequacy of sentence. The State has also filed Criminal Appeal No. 91 of 2011 challenging acquittal of the accused - original accused nos. 1 to 4. A notice was issued under Section 390 of the Criminal Procedure Code in both the appeals.

3. In State appeal, the accused are not represented. None appears for the appellant in Criminal Appeal No. 407 of 2012.

4. In view of this, issue non-bailable warrant to the appellants in Criminal Appeal No. 407 of 2012 and the respondents in

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Criminal Appeal No. 5 of 2011 and 91 of 2011.

5. The non-bailable warrants be executed through Manikpur Police Station, Vasai, Dist. Thane. The Superintendent of Police, Vasai shall see that the non-bailable warrants are executed within 3 weeks.

6. Stand over to 18th October, 2021.

7. Copy of the order be sent to the Superintendent of Police, Vasai forthwith.

(PRITHVIRAJ K. CHAVAN, J.) (SMT. SADHANA S. JADHAV, J.)

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