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2018 Supreme(Bom) 880

SANGITRAO S.PATIL
State of Maharashtra Through Superintendent of Police, Ahmednagar – Appellant
Versus
Pravin Popat Kharchand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. R.P. Gaur
For the Respondent: Mr. G.R. Syed, Mr. S.G. Ladda

JUDGMENT :

Rule, returnable forthwith. With the consent of the learned A.P.P. and the learned Counsel for the respondents, heard finally.

2. By this petition under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure (“Code” for short), the petitioner/State has challenged the vires of the common order dated 19th December, 2017 passed by the learned Additional Sessions Judge, Shrirampur below applications Exh.263 and Exh.269 in Sessions Case no. 25 of 2016, whereby he rejected the claim of the petitioner to record evidence of the witnesses through Video Conferencing (“V.C.” for short), in the absence of the respondents before the Court.

3. The respondents are facing trial for the offences punishable under Sections 302, 143, 147, 148, 120B read with Section 149 of the Indian Penal Code (“I.P.C.” for short) and also under Section 3 punishable with Section 25 of the Arms Act.

4. The learned A.P.P. submits that the respondents are the supporters of one Anna Lashkare, who is a hardcore criminal. They are very dangerous and are having criminal antecedents. Respondent nos. 1 and 11 had escaped from the custody of the Police after commencement of tria



























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