Arun Hanmant Patil And Anr vs The State Of Maharashtra
2022 Latest Caselaw 659 Bom

            Digitally signed
            by CHITRA
CHITRA      SANJAY
SANJAY      SONAWANE
SONAWANE    Date:
            2022.01.18

                                              1                  2-A-1350-2012.doc
            15:43:45 +0530




                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL APPEAL NO.1350 OF 2012

 Arun Hanmant Patil & Anr.               ]     Appellants.
               Vs.
 The State of Maharashtra                ]     Respondent.
                             .....
 Ms Samrudhhi Ghadigaonkar i/b Sachin Chandan, Advocate for appellant.
 Miss Deepali Deherkar,              appointed as Amicus Curiae vide Court's order
 dated 6.12.2021.
 Mrs. S.V.Sonawane, APP for State.
                                         ......
                                      CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 18th JANUARY, 2022.

[THROUGH VIDEO CONFERENCE] P.C.:

1. Miss Samruddhi Ghadigaonkar, holding for Mr.Sachin Chandan submits that Mr.Sachin Chandan is not keeping well and therefore, is unable to attend the Court through Video Conference. She makes a statement at Bar that Mr.Sachin Chandan would continue to represent the appellants in this matter. Amicus Curiae Miss Deepali Deherkar appointed by the Court on 6.12.2021, therefore, stands discharged.

2. From the report of the Additional Sessions Judge, Karad, District- Satara, dated 9th June 2021 qua accused no.2 Sanjay Shankar Patil indicates that despite issuing proclamation dated 6 th March 2021 and having duly served at his residence, accused no.2 did not appear in the Court.

  Chitra Sonawane
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3. The Additional Sessions Judge is directed to proceed further in view of Section 83 of Cr.P.C. and take all further necessary steps to execute warrant against absconding accused no.2.

4. Compliance report of the aforesaid directions be submitted to this Court at the earliest.

5. It appears from the impugned judgment rendered by the Additional Sessions Judge, Karad on 30 th November 2012 that both the appellants came to be acquitted of the offences punishable under Section 3(1)(x) of the The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 7(1)(d)of the Protection of Civil Rights Act and under Section 324, 504 and 506 read with Section 34 of of the Indian Penal Code.

6. It appears that the State has not preferred appeal against Judgment of acquittal rendered by the Sessions Judge qua the aforesaid offences.

7. Mrs.S.V.Sonawane, learned APP seeks time to take appropriate instructions from the concerned authorities about the same.

8. List the matter tomorrow i.e. on 19th January 2022, fairly "High on Board" to make an appropriate statement.

[PRITHVIRAJ K. CHAVAN, J.]

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