Sau Chhaya Bhausaheb Bhingardive ... vs The State Of Maharashtra
2023 Latest Caselaw 6382 Bom

                                       {1}
                                                                   902 sr.no..odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        CRIMINAL APPEAL NO.299 OF 2016

        SAU CHHAYA BHAUSAHEB BHINGARDIVE AND ANR
                                VERSUS
                   THE STATE OF MAHARASHTRA
                                    ...
 Advocate for Appellants : Mr. Vijay R. Gundecha with Saeed S. Shaikh
                APP for Respondents: Mr. S.D. Ghayal.

                                CORAM : SMT. VIBHA KANKANWADI
                                        & S.G. CHAPALGAONKAR, JJ.

DATE : 5TH JULY, 2023

P.C.:-

Notice issued to the appellant No.2 has been returned unserved with remark that he is not residing on the given address. Before further steps are taken in respect of proclamation, it is necessary to issue warrant against her and, therefore, issue non-bailable warrant against appellant No.2 as well as notice to her surety to be made returnable on 21st July, 2023.

2. Perusal of the judgment would show that in all trial was held against 7 accused. The original accused No.3 died during trial. The accused Nos. 5 to 7 were acquitted and original accused Nos. 1,2 and 4 have been convicted for the offence punishable under Section 302, 498A r/w. 34 of IPC. The present appeal has been filed by original accused Nos. 2 and 4. Under such circumstance, we direct the Registrar (Judicial) to submit a report, as to whether the original accused No.1 has filed any appeal challenging his conviction and if it is filed, then, it be

{2} 902 sr.no..odt

tagged alongwith this appeal or if it is not filed, then, to find out as to in which jail the accused No.1 has been put after conviction.

3. Stand over to 21st July, 2023.

 [S.G. CHAPALAONKAR]                             [SMT. VIBHA KANKANWADI]
       JUDGE                                           JUDGE


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