1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 367 OF 2010 IN CRIMINAL APPEAL NO. 878 OF 2002 Abdul Kayum Abdul Karim Shaikh .. Applicant Vs. The State of Maharashtra .. Respondent Mr. Rahul Arote for applicant. Mr. F.R. Shaikh, APP for State. CORAM: B. H. MARLAPALLE & MRS. MRIDULA BHATKAR, JJ. March 19, 2010. P.C. 1. Heard Mr. Rahul Arote the learned counsel for the applicant. 2. The applicant is one of the accused in C.R. No. 71 of 1997 of DCB CID (Unit – IX) and C.C. No. 3701078/PW/2007. However, he was absconding and, therefore, charge-sheet came to be filed against 19 accused and all of them came to be tried in Sessions Case Nos.15/98, 448/98, 2 1473/98, 18/2000 and 365/01. By a common judgment and order dated 29/4/2002 the learned Additional Sessions Judge decided all the Sessions Cases and convicted and sentenced some of the accused. The said order of conviction and sentence is a subject matter of challenge in Criminal Appeal No. 878 of 20002 which has been filed by original accused no. 19 – Shri Abdul Rauf Dawood Merchant. The said appeal is ready for hearing and, therefore, R & P was called as per our order dated 10/8/2009. 3. The applicant now states that he came to be re-arrested by the DCB CID in C.R. No. 71 of 1997 on 3/10/2007 and a supplementary charge-sheet has been filed and a separate criminal case came to be registered against him which has been committed to the Fast Track Sessions Court at Sewree and registered as Sessions Case No. 196 of 2008. It is further submitted by the learned counsel for the applicant that the R & P which has been received by this court in Sessions Case Nos. 15/98, 448/98, 1473/98, 18/2000 and 365/01 is required by the Fast Track Sessions Court at Sewree so as to complete the trial against the applicant in Sessions Case No. 196 of 2008 and, therefore, he prays for the return of R & P to the said court. 3 4. We have noted that the paper book in Criminal Appeal No. 878 of 2002 is ready and as per the order dated 11/3/2010 passed in the said appeal, the Ministry of External Affairs, Government of India has been approached to secure the custody of the said appellant – Shri Abdul Rauf Dawood Merchant through Interpol pursuant to the Red Corner Notice issued by the Mumbai Police. 5. Hence, the Registry is directed to return the R & P in Sessions Case Nos.15/98, 448/98, 1473/98, 18/2000 as well as 365/2001 to the Fast Tract Sessions Court (Court No. 2) at Sewree. It is further directed that the trial against the applicant, on receipt of the R & P, shall be expedited and shall be completed by 30th June, 2010. On completion of the trial, the R & P shall be re-submitted to the Registry of this Court by the Fast Track Sessions Court at Sewree. 6. The application is allowed in terms of above directions. (MRS. MRIDULA BHATKAR,J.) (B. H. MARLAPALLE, J.)