Faijan Kalim Bagwan vs The State Of Maharashtra
2022 Latest Caselaw 6376 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                   907 CRIMINAL APPEAL NO.462 OF 2022

                            FAIJAN KALIM BAGWAN
                                    VERSUS
                        THE STATE OF MAHARASHTRA
                                      ...
                 Advocate for Appellant : Mr. Sapkal Sandip R.
                  APP for Respondent-State : Mr. B. V. Virdhe
                                      ...

                                      CORAM : SMT.VIBHA KANKANWADI, J.
                                      DATE    : 06-07-2022

ORDER :

1. Heard both sides.

2. Since arguable points are made, the appeal is Admitted.

3. In view of the fact that the compensation has been awarded to

the informant out of the fine amount, in view of the decision in

Emperor vs. Chunilal Bhagwanji, reported in AIR (29) 1942 Bombay

205 (1), the informant is entitled to notice of appeal or revision after

hearing the counsel. It has been held in this case that :-

"When a person whether the complainant or someone else, has been awarded compensation under Section 545 of the Code of Criminal Procedure (present 357 in the Code of 1973), he ought to be served with notice of an appeal or revision application which may result in order of

2 CriAppeal 462-2022

compensation being set aside. If he appears, it will be in the discretion of the Court to hear his advocate or to decline to do so. But if he is served with notice, he can, at any rate, see that his view is placed before the Court by the advocate appearing for Government."

Though further it has been held that, "omission to serve notice on

the complainant has not vitiated the order or Judgment, yet when

the appellant want the entire conviction including the payment of

fine and the compensation to be paid to the prosecutrix out of that

fine amount to be set aside, then she should be a party."

4. Appellant to add prosecutrix as party by concealing her

identity.

5. Amendment to be carried out on or before 12-07-2022.

6. After the amendment is carried out, issue notice to the

respondents, made returnable on 22-08-2022.

7. Learned APP waives notice for respondent No.1-State.

8. Call for record and proceedings.

(SMT. VIBHA KANKANWADI) JUDGE

vjg/-.