Bombay High Court
G. N. Saibaba vs State Of Maharashtra Thr. Pso Aheri ... on 28 July, 2022
Author: Manish Pitale
Bench: Manish Pitale
901 Cri.Appeal-136-2017
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO.136 OF 2017
{Mahesh Kariman Tirki and Ors ..Vrs.. State of Maharashtra
WITH
CRIMINAL APPEAL NO.137 OF 2017
{G. N. Saibaba ..Vrs.. State of Maharashtra}
______________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri Pradeep B. Mandhyan, Advocate for the Appellant nos.1, 3 and 5 in
Criminal Appeal no.136 of 2017.
Shri S. P. Dharmadhikari, Senior Advocate with Shri H. P. Lingayat,
Advocate for the Appellant in Criminal Appeal no.137 of 2017.
Shri Siddharth Dave, Senior Special Public Prosecutor with Shri Ms. Pallavi
Sharma, Advocate and Shri Rishikesh S. Chitale, Advocate for the
Respondent in both appeals.
CORAM : MANISH PITALE AND VALMIKI SA MENEZES, J.J. DATE : 28th JULY, 2022.
Heard Shri. Pradeep B. Mandhyan, learned counsel for Appellant nos.1, 3 and 5 in Criminal Appeal no.136 of 2017, Shri S. P. Dharmadhikari, learned Senior counsel with Shri H. P. Lingayat, learned counsel for the Appellant in Criminal Appeal no.137 of 2017 and Shri. Siddharth Dave, learned Senior Special Public Prosecutor, on behalf of the Respondent/State in both the appeals.
2. The appeals are listed today in pursuance of the directions given in the earlier orders, whereby Registry was directed to make available copies of electronic record to rival parties. The learned Registrar (Judicial) has put up a note dated 22.07.2022, stating that during the course of trial, two copies of electronic data/record in sealed 901 Cri.Appeal-136-2017 2 condition with endorsement from the Central Forensic Science Laboratory, Mumbai (CFSL) were provided to the counsel for the Appellants as well as the learned Senior Special Public Prosecutor for Respondent/State. It is submitted that the record has been received from the Trial Court, but if further copies are to be made and given to either party, there would be a change of hash value of the original data and to avoid the same, entire material will have to be sent to CFSL, Kalina, Mumbai, for making copies and then providing them to the parties.
3. In the light of the aforesaid office note put up by the learned Registrar (Judicial), learned Senior Special Public Prosecutor submitted that authenticated copies received during the course of trial are available with the Respondent/State and if the Appellants so desire, clone copy would be provided to them.
4. Upon this, learned counsel appearing for the Appellants submitted that since there would be change of hash value, the authenticity of such record may be in doubt. We are informed that for making copies of the entire material once again, to avoid change in hash value of the original, the CFSL Mumbai would take about three to four months time, as a consequence of which, the hearing of these appeals may be delayed.
5. In this backdrop, it was proposed that the electronic data in the form of video and audio recording, an authenticated copy of which is available with the 901 Cri.Appeal-136-2017 3 respondent/State would be played in open Court in the presence of the learned counsel for the rival parties so that the evidence could be appreciated and contentions of the rival parties could also be appreciated in that light.
6. Learned counsel for the appellants do not have any objection to the aforesaid proposal. Hence, it is directed that the Respondent/State shall keep the electronic data, evidence/material available during the course of hearing and that portions of the same found relevant by the parties shall be played in the open Court.
7. As regards fixing of the schedule of hearing of the appeals, learned counsel appearing for rival parties are ready for hearing of these appeals, which would commence from 5th September, 2022. Considering the fact that sufficient time will have to be devoted to detailed hearing of the appeals, it is directed that the hearing of the appeals shall commence from 5th September, 2022 on day-to-day basis from 10.30 a.m. to 1.30 p.m.
8. We are also informed that the learned counsel appearing for Appellant nos.1, 3 and 5, shall open their arguments on 5th September, 2022. Accordingly, list for further hearing on 5th September, 2022.
(VALMIKI SA MENEZES, J.) (MANISH PITALE, J.)
Digitally Signed By:ASHISH TAMBE
ASHOKRAO TAMBE
Personal Assistant
to Hon'ble JUDGE
Signing Date:29.07.2022 16:10