Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1276 PW 2024 State Vs Sameer and ors.
CNR-MHMM18-003444-2024
ORDER PASSED BELOW EXH.-1
1. Accused No.1, absent. Bail granted and bail order complied by Accused
No.4, today. Ld. Advocate for Accsued Nos.1 to 5, is present before this court.
Exemption granted to Accused No.1. The Accused Nos.2, 3 and 5, are not
produced by jail authorities. The accused are charged with the offences
punishable under Sections 399, etc. of the Indian Penal Code and other
provisions, out of which the principal offence is exclusively triable by the Court
of Session. Heard Ld. Advocate, appearing for all the accused persons. They filed
application and requested to commit the matter for trial to Session Court, though
Accused Nos.2 to 5, are not produced. They submitted that the compliance of
Section 207 of Code of Criminal Procedure is already done and they are already
appointed as an advocate of the accused and pursuing the matter. They also filed
pursis to that effect.
2. Thus, there appears no hindrance in committing the matter as all the
technicalities already complied. Accused Nos.2 to 5, though physically absent,
their advocate/representative is present. On perusal of material said offence made
out. Cognizance taken. The copies of police report and other documents as
specified in Section 207 of the Code of Criminal Procedure are supplied to the
accused. Hence, following order :
ORDER
a. The case be committed to the Court of Session.
b. Accused No.1, Sameer Anwar Shaikh @ Mendha and Accused No.4,
Mohd. Hajiali Shaikh, are directed to appear before the Court of Session on
12.07.2024.
c. The Accused Nos.2, Mohd. Habib Sameer Qureshi, 3. Raj Bharat Khare
and Accused No.5. Shabir Abdul Majid Khan, are remanded to Magisterial
Custody until commitment of the case and also during and until the conclusion of
trial before the Court of Session vide Section 209 (a) and (b) of the Code of
Criminal Procedure.
-- 1 of 2 --
C. C. No. 1276 PW 2024 State Vs Sameer and ors.
CNR-MHMM18-003444-2024
d. The Jail Authorities are directed to produce the Accused Nos.2, 3 and 5, in
custody before the Court of Session on receiving production warrant from that
Court in Form No.IV, Chapter XXXIII of the Criminal Manual or on or before
12.07.2024, if such warrant not received.
e. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
f. The Police Station Officer, Bandra, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 12.07.2024, positively.
g. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 28.06.2024 M.M., 12TH COURT, BANDRA, MUMBAI
-- 2 of 2 --