Shamrao S/O Ramrao Bansode vs The State Of Maharashtra
2023 Latest Caselaw 2177 Bom

                                                                    1-apeal-799-2015.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                      CRIMINAL APPEAL NO.799 OF 2015

                        SHAMRAO S/O RAMRAO BANSODE
                                    VERSUS
                          THE STATE OF MAHARASHTRA

                                     ...
                  Advocate for Appellant : Mr. V. I. Dhoble
                 APP for Respondent - State : Mr. R. D. Sanap
                                     ...

                        CORAM :        SMT. VIBHA KANKANWADI AND
                                       Y. G. KHOBRAGADE, JJ.

                        DATE       :   MARCH 06, 2023.

ORDER :-

.     It was informed that the appellant has gone absconding after

he was released on parole. The parole leave came to an end on

08.08.2016 and since then he has not reported back to the jail. It was

then also informed that at the behest of jailer, offence under Section

224 of Indian Penal Code was lodged against the appellant with

Parbhani Police Station and, therefore, by order dated 17.02.2023,

this Court had directed learned APP to take instructions as to what

steps were taken in that case. Today, he is submitting the report

which was submitted by Kotwali Police Station, Parbhani. The said

bunch is marked as Exhibit-A. It appears that the said case for the

1-apeal-799-2015.odt

offence under Section 224 of the Indian Penal Code is pending before

learned Judicial Magistrate First Class (Court No.6), Parbhani. Copy

of the charge-sheet is also filed. Part of the roznama is also filed. It

appears that the said Court is wasting its time in issuing notice to the

Investigating Officer. It was then stated that the said charge-sheet

has been filed taking recourse to Section 299 of the Code of Criminal

Procedure, as the accused could not be arrested. This Court in catena

of judgments has held that Section 299 of the Code of Criminal

Procedure is an enabling Section which allows the Court to take

evidence in absence of the accused. It does not give a right to the

police to file charge-sheet. However, when the charge-sheet is

accepted, then the next stage would be to secure the presence of the

accused as production of accused along with the charge-sheet is not

mandatory. If the accused is not responding to the notice/summons,

then further coercive steps can be taken and also it can reach to the

stage of proclamation. The said case is pending since 2017 and no

such step appears to have been taken in response to the order passed

by this Court to get the instructions. It appears that on 01.03.2023,

Police Inspector, Kotwali Police Station made an application for

taking steps under Section 82 of the Code of Criminal Procedure

against accused (present appellant). The order that has been passed

by the learned Magistrate is "Seen. Be kept in concerned file."

1-apeal-799-2015.odt

Certain clarifications are needed in this case and, therefore, learned

Registrar (Judicial) to make communication to the concerned

Magistrate and get information/clarification in respect of following

things :-

(i) Why it is taking so much of time to secure the presence of Investigating Officer.

(ii) What steps have been taken to secure the presence of the accused in that matter.

2. Such clarification be given on or before 23.03.2023.

3. No doubt, the said proceedings was one of the way to secure

the presence of the accused or get some information about the

appellant. Independently, now it has come that the accused has not

reported back to the jail. Hence, in order to secure his presence in

the present appeal, issue Non-Bailable Warrant against the appellant,

to be made returnable on 24.03.2023.

4. Place the matter for further consideration on 24.03.2023.

 [ Y. G. KHOBRAGADE ]                   [ SMT. VIBHA KANKANWADI ]
        JUDGE                                     JUDGE


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