dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE CRIMINAL JURISDICTION SIDE CRIMINAL JURISDICTION SIDE CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.67 OF 2009 APPLICATION NO.67 OF 2009 APPLICATION NO.67 OF 2009 The State of Maharashtra Petitioner (orig. complainant) Vs. Durgadas Devichand Rathod & 7 ors. Respondents. Mr.P.S.Hingorani, PP for the State. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATED DATED DATED : 14th January, 2009. : 14th January, 2009. : 14th January, 2009. P.C. P.C. P.C. Admit. 2. Issue notice in terms of section 390 of the Criminal Procedure Code. Bailable warrant be issued for arrest of the accused in terms of Section 390 of the Criminal Procedure Code and the accused shall be produced before the concerned Sessions Judge, who may, on production, release the accused on bail for the amount and on the terms and conditions to his satisfaction. The accused may also surrender before the concerned Sessions Judge. 3. Notice be also issued to PW-1-Smt.Saraswati Naidu in Sessions Case No.79/2006 at Kalyan, who had ( 2 ) recorded the dying declaration of the deceased in the case and later on turned hostile. She should be given a notice to show cause as to why her prosecution be not ordered for screening the evidence. Notice is made returnable on 11.02.2009. The address of PW-1-Smt.Saraswati Naidu shall be furnished by the learned Public Prosecutor to the Registry within a week from today. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)