1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 1678 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 The State of Maharashtra (Through Bandgarden Police Station, Pune) .. Applicant Vs. Premnarayan @ Rohit Bachilal Patel .. Respondent ( Org. Accused) Smt. V.R. Bhosale, APP for applicant. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. October 15, 2009. P.C. We have heard Smt. Bhosale, the learned APP. We have perused the R & P and more particularly the oral depositions of PW 3 – Kiran Prakash Ukirande, PW 4 – Chandrakant Maruti Navale, PW 5 – Santosh Balasaheb Javalkar, PW 8 – Ramdas Hari Sable, PW 11 – Dharmender Bhivaji Dhavre, PW 12 – Naruddin Bodeliwala, PW 13 – Sagar Janardhan Dhumal, PW 14 – Shah and PW 18 – Maruti Janardan Jangle. We are satisfied that leave to appeal deserves to be granted. Hence, the application is allowed and leave under Section 378 (3) of Cr.P.C. is hereby granted. 2 Appeal is admitted. So far as the action under Section 390 of Cr.P.C. is concerned, Smt. Bhosale stated that consequent to the notice issued by this court sufficient efforts were put in by the police to search the respondent and his whereabouts could not be traced. The police team has gone to his native place and met his father, who reportedly stated that the respondent has not visited his birth place during last few years. We, therefore, direct the Commissioner of Police, Pune to continue with the efforts to trace the respondent and produce him before the Sessions Court within six months so that action under Section 390 of Cr.P.C. is taken by the said court against the respondent. While in the process of search, the police are expected to take the necessary measures, including attachment of his property or family property to the extent of his share. If the respondent is not produced before the Sessions Courts within a period of six months, the learned Sessions Judge at Pune shall inform the same to the Registry of this court so that the appeal is listed for further appropriate orders. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)