NANDKUMAR MUNNASWAMI PILLEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appeal No. 926 of 1988 is filed by the appellant - accused challenging his conviction under Section 302 of Indian Penal Code, in 1988 and admitted on 4.11.1988 by this court. On the same day bail was granted to the accused. At that time accused was represented by Advocate Mr. S.S. Deshnmukh, then on 28.9.2004 the Division Bench noted that Advocate Mr. S.S. Deshmukh for the accused is dead and therefore an order was passed for issuing notice to the accused as to whether he wants to engage any Advocate. This order was passed on 28.9.2004 and notice was made returnable after four weeks. Then there is noting in the Roznama dated 3.1.2005 that notice of the accused has returned back "unserved" with report of the Commissioner of Police, Pune, stating that accused Nandkumar M. Pilley is not residing at the given address and his whereabouts are not known even to his brother, who is residing on the said address.

(2.) Thereafter on 10.2.2005 the Division Bench passed an order of issuing non bailable warrant against the accused, returnable on 7.2.2005. No report was received by this court whether non bailable warrant was executed or not and therefore explanation was called from the Sessions Court by 24.2.2005. Thereafter, the report was received from the Additional Sessions Judge, Pune, stating that non bailable warrant returned unexecuted as the accused was not residing on the given address. Again fresh non bailable warrant was issued but it was returned unserved i.e. the last report, noting dated 26.4.2005. Then by order dated 20.3.2006 again notice was ordered to be issued to the accused to remain present or engage Advocate to represent him in the Appeal. But notice was not served, again non bailable warrant was issued. Similarly notice also could not be served. Then Division Bench by order dated 23.11.2006 directed issue of proclamation under Section 82 of Criminal Procedure Code. Then report about proclamation was received along with the panchnama etc. as required by Criminal Procedure Code.

(3.) So far as Criminal Appeal No. 761 of 1987 is concerned, the same was filed by the accused challenging his conviction under Section 302 of Indian Penal Code. He was represented by Mr. P. S. Patankar. On account of his elevation to this court, notices and reminders were sent to the accused, non bailable warrant was issued to the accused on 31.8.2006. Ultimately on 15.11.2006, following order was passed :