4-APPLN-710-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.710 OF 2016
DATTARAM BHAU KALE AND ANOTHER )…APPLICANTS
V/s.
THE STATE OF MAHARASHTRA ANR. )…RESPONDENTS
Mr.Akhilesh Singh, Advocate for the Applicant.
Mr.B.A.Lawate I/b. Mr.Sandesh Inamdar-Shinde, Advocate for
Respondent No.2.
Mrs.M.R.Tidke, APP for the Respondent – State.
CORAM : A. M. BADAR, J.
DATE : 24th SEPTEMBER 2018
P.C. :
1 This is an application moved by applicants who are
accused nos.2 and 3 in Sessions Case No.125 of 2016 pending on
file of the learned Sessions Court at Alibaug. The charge-sheet
against them and the co-accused has been filed for offence
punishable under Sections 498A, 406, 313 read with 34 of the
Indian Penal Code.
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2 Heard the learned counsel appearing for
applicants/accused nos.2 and 3 as well as the learned counsel
appearing for respondent no.2/First Informant, who has set the
law in motion. They both are unanimous in stating that the
sessions case be transferred to Court of Sessions at Mumbai. The
learned APP submits that appropriate orders may be passed.
3 I have considered the submissions so advanced and
perused the material placed on record
4 Respondent no.2 Varsha Kale has lodged the First
Information Report (FIR) against her husband as well as present
applicants, who happen to be her in-laws. This has resulted in
registration of the subject sessions case.
5 Perusal of the application shows that applicant no.1
Dattaram Kale is suffering from coronary artery disease and had
undergone coronary angioplasty in past. He is also a patient of
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Colon Cancer and is taking treatment for the disease suffered by
him. He is aged about 75 years. Applicant no.2 Sakhubai Kale,
who is accused no.3 in the subject sessions case is an old lady
aged about 66 years. She had also suffered fracture of right sided
distal end radius and had taken medical treatment for the same.
Both applicants/accused are aged senior citizens suffering from
ailments. They are contending that because of their old age and
diseases suffered by them, it is not possible for them to attend
each and every date of hearing at the Court of Sessions at Alibaug,
and therefore, the sessions case be transferred to the Court of
Sessions at Mumbai and this position is not disputed by
respondent no.2/ First Informant. She also wants the subject
sessions case to be transferred to the Court of Sessions at Mumbai.
In this view of the matter, for general convenience of the parties,
the following order :
ORDER
i) The application is allowed.
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ii) Sessions Case No.125 of 2016 pending on the file of learned
Sessions Court at Alibaug is transferred to the file of the
learned Sessions Court at Mumbai.
iii) Applicants/accused nos.2 and 3 undertake to appear before
the learned Sessions court at Mumbai on 30 th October 2018
and they also undertake that their son and daughter who are
also accused in the subject sessions case shall also attend the
Court of Sessions at Mumbai on that date.
iv) The application is disposed off accordingly.
(A. M. BADAR, J.)
Arti Digitally signed
by Arti Vilas
Vilas Khatate
Date: 2018.09.24
Khatate 18:30:39 +0530
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