Case Note & Summary
The applicant, Rajesh Jagnayak Singh Thakur, filed a criminal application before the Bombay High Court, Nagpur Bench, seeking relief in connection with an appeal pending before the Sessions Judge. The respondent was Smt. Sitabai wd/o Kachru Ghagargunde. The parties' counsel jointly submitted that arguments on behalf of the respondent in the appeal had been completed and the appeal was now fixed for arguments by the applicant/accused on 11.1.2010. The High Court accepted these statements and directed the learned Sessions Judge to complete the hearing and decide the appeal on or before 25.1.2010. Additionally, the non-bailable warrant that had been issued by the appellate court was ordered to remain in abeyance until that date. The application was disposed of accordingly.
Headnote
A) Criminal Procedure - Appeal - Expedited Hearing - Section 374, Code of Criminal Procedure, 1973 - The High Court directed the Sessions Judge to complete hearing and decide the appeal by a specified date, and kept the non-bailable warrant issued by the appellate court in abeyance until then, based on the joint submission of counsel that arguments on behalf of the respondent were completed and the appeal was fixed for arguments by the applicant/accused. (Paras 2-3)
Issue of Consideration
Whether the appellate court should expedite the hearing of the appeal and keep the non-bailable warrant in abeyance pending disposal.
Final Decision
The High Court directed the learned Sessions Judge to complete the hearing and decide the appeal on or before 25.1.2010. The non-bailable warrant issued by the appellate court was ordered to remain in abeyance till then. The application was disposed of.
Law Points
- Expeditious disposal of criminal appeals
- Interim relief pending appeal
- Abeyance of non-bailable warrant
Case Details
2010 LawText (BOM) (01) 49
Criminal Application No. 3688 of 2009
Mr. R.P. Joshi for Applicant, Mr. M.R. Daga and M.P. Khajanchi for Respondent
Rajesh Jagnayak Singh Thakur
Smt. Sitabai wd/o Kachru Ghagargunde
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Nature of Litigation
Criminal application seeking expedited hearing of appeal and stay of non-bailable warrant
Remedy Sought
Direction to Sessions Judge to expedite hearing of appeal and keep non-bailable warrant in abeyance
Filing Reason
To expedite the appeal pending before the Sessions Judge and to avoid execution of non-bailable warrant
Previous Decisions
Appeal pending before Sessions Judge; non-bailable warrant issued by appellate court
Issues
Whether the appellate court should expedite the hearing of the appeal and keep the non-bailable warrant in abeyance pending disposal.
Submissions/Arguments
Counsel for both parties jointly submitted that arguments on behalf of respondent were completed and appeal was fixed for arguments by applicant/accused on 11.1.2010.
Ratio Decidendi
The court accepted the joint submission of counsel and directed expeditious disposal of the appeal, keeping the non-bailable warrant in abeyance to facilitate the hearing.
Judgment Excerpts
The learned Sessions Judge shall in any case complete the hearing and decide the appeal on or before 25.1.2010.
The Non bailable warrant that was issued by the appellate court shall remain in abeyance till then.
Procedural History
The applicant filed Criminal Application No. 3688 of 2009 before the Bombay High Court, Nagpur Bench, seeking relief in connection with an appeal pending before the Sessions Judge. The parties' counsel jointly submitted that arguments on behalf of the respondent were completed and the appeal was fixed for arguments by the applicant/accused on 11.1.2010. The High Court directed the Sessions Judge to decide the appeal by 25.1.2010 and kept the non-bailable warrant in abeyance until then.
Acts & Sections
- Code of Criminal Procedure, 1973: 374
