P. JAGANMOHAN REDDY, S. M. SIKRI
Ratilal Bhanji Mithani – Appellant
Versus
State Of Maharashtra – Respondent
Judgment
P. JAGANMOHAN REDDY, J.: This Appeal is by Special Leave against the Judgment of Division Bench of High Court of Bombay which while directing "that the prosecution must pay to each of the accused Nos. 1, 3, 4, 5, 6 and 7 the tourists class air fare for one lawyer plus Rs. 100/- per day for the expenses of the stay of the lawyer in Germany for executing the Commission " . ... . .... denied to accused No. 2 the Appellant before us, the same facility. The High Court had in fact stated that the Appellant will not be entitled "to be paid anything at all in respect of the expenses that he will have to incur if he chooses to be represented by a lawyer for the purpose of cross-examining the prosecution witnesses who will be examined on Commission in Germany, as there is a concluded finding of fact that he had intimidated and tampered with the German witnesses both of the High Court as also of the SC." The Special leave petition also raised severat other questions of law which were stated to be important namely whether the High Court had power to issue Commission on an interlocutory application in a revision application against the discharge of an accused person, whether it was ent
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