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Dattaram Bhau Kale And Anr vs The State Of Maharashtra And Anr on 24 September, 2018

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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4-APPLN-710-2016.doc

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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4-APPLN-710-2016.doc

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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4-APPLN-710-2016.doc

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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