Case Note & Summary
The Bombay High Court at Nagpur Bench was hearing Criminal Appeal No. 712/2004 filed by Surjit Fulchand Khandke and another against the State of Maharashtra. During the proceedings, the learned APP pointed out that Criminal Appeal No. 412/2006, arising from the same crime, had been preferred by two accused who were absconding. In view of this, the court adjourned the hearing of the present appeal. The registry was directed to prepare the paper book in Criminal Appeal No. 412/2006 within eight weeks. Both appeals were ordered to be placed on the Final Hearing Board in the week commencing from 28.06.2010. The order was passed by a division bench comprising Justice A.P. Lavande and Justice R.K. Deshpande.
Headnote
A) Criminal Procedure - Adjournment of Appeal - Related Appeal by Absconding Accused - The court adjourned the hearing of Criminal Appeal No. 712/2004 as another appeal (Cri. A. No. 412/2006) arising from the same crime was preferred by two absconding accused - The court directed the registry to prepare the paper book in the related appeal and listed both appeals for final hearing together (Paras 1-3).
Issue of Consideration
Whether the appeal should be heard together with a related appeal filed by absconding accused arising from the same crime.
Final Decision
The hearing of Criminal Appeal No. 712/2004 is adjourned. Registry directed to prepare paper book in Cri. A. No. 412/2006 within eight weeks. Both appeals to be placed on Final Hearing Board in the week commencing from 28.06.2010.
Law Points
- Adjournment of appeal
- Absconding accused
- Consolidation of appeals
