Interim Order 3

Order Details: Order Below EX 1
Pdf Text: C. C. No. 42 PW 2022 State Vs Mohd. Habib
CNR MHMM18-000129-2022
ORDER BELOW EXH.1
1. Perused record.
2. Some disturbing facts leading to passing of this order are as under -
The present prosecution is pending against the accused for offences
punishable under Sections 420, etc. of Indian Penal Code. It is alleged
that accused defrauded the informant to the amount of Rs.30 lacs. The
regular bail was granted to him on certain conditions including payment
of amount. Accused issued cheques in compliance of the bail order and
released from jail. But later on the cheques issued were dishonoured.
Thus, he again committed fraud on the informant and on the court as well.
Therefore, informant/victim filed application for cancellation of bail.
3. The charge sheet is also filed and said application for cancellation
of bail is pending for hearing. As per schedule it is fixed for hearing in the
second session at 02.45 p.m. On behalf of accused advocate Mr. Irfan N.
Shaikh, and Joheb Qureshi, appeared in the first session and requested
this court to take the matter in the first session. They submitted that matter
is fixed for framing of charge and accused is ill and not going to appear.
They also sought exemption. The Presiding Officer under impression that
matter is going to be adjourned on the same stage, adjourned the matter
for charge till 03.02.2023.
4. They concealed the fact that matter is actually fixed for hearing of
and passing order on application of informant for cancellation of his bail.
In the second session, informant and his advocate appeared. They brought
notice to the court that matter is on such stage. Ld. Advocate also
informed that she informed about same stage and the fact that they are
going to appear and argue the application. Both the advocates suppressed
the stage as well as this fact from the court and by misleading the court
obtained next date. Such conduct on the part of accused and his advocates
demands swift response with stern action.
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C. C. No. 42 PW 2022 State Vs Mohd. Habib
CNR MHMM18-000129-2022
5. The order on exemption application is yet to be passed. The fraud
played by accused and his advocates can not be entertained. Considering
urgency the date needs to be preponed. Therefore, following order -
ORDER
a. Matter is kept on 02.12.2022.
b. Accused is directed to remain present on the said date with his
advocates and argue on all the applications pending for hearing.
c. If he failed to appear before this court, issue NBW against accused.
d. Ld. Advocate Smt. Jhehara Chalania, is directed to inform about
this order to accused through his advocate, by mailing it on the email ID
of the advocate Mr. Irfan N. Shaikh, mentioned in Vakalatnama, Exh.10,
and on the cellular phone numbers mentioned in it, through social media,
if any account exists.
e. Keep it on 02.12.2022, at 02.45 p.m.
MUMBAI (KOMALSING RAJPUT)
DATE – 23.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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