Bombay HC Sends Notice to US Embassy for New Jersey Resident in Murder Appeal | Bombay News


On February 9, the Bombay High Court (HC) ordered the court’s registry to send a notice to the U.S. Embassy and ordered the state to send the non-lease warrant (NBW) issued against a accused residing in New Jersey, United States, at Embassy. The court requested a state report within two weeks. The court also ordered Police Commissioner Thane to execute the NBW against another defendant residing in Baroda. The instructions came after the court was informed that the two defendants, who were acquitted of a murder case in 2003, were not appearing at the appeal hearing against their state-filed acquittals in 2004. .

The court also ordered the issuance of a warning notice against the two accused and circulated to all airports to ensure their presence for the hearing of the appeal.

On February 9, a divisional chamber of justice Sadhana Jadhav and Judge Nitin Borkar, as they heard an appeal filed by the state of Maharashtra against the acquittal, were informed that the state wished to provide further evidence in the case, and therefore the appeal against the acquittal must be heard. The appeal was filed in 2004 in which both people were represented by their respective lawyers.

At an earlier hearing on February 4, the court was informed by lawyer Nitin Sejpal, for the second defendant who lives in Baroda, that his client had not responded to the final hearing notice of the appeal although he had been informed on several occasions and the Respondent had blocked all communication from the lawyer.

With respect to the first defendant, the court was informed by additional prosecutor PP Shinde that, according to the records of the trial court, he resided in New Jersey, United States, and that no attorney represented him. for the hearing of the appeal.

The court took note of the observations and ordered the issuance of an NBW against the two acquitted persons. While ordering the registry to issue a notice to the US embassy, ​​the court ordered the state to send the NBW to the embassy to ensure the first defendant was present for the appeal hearing. .

The court also ordered the police commissioner, Thane, to contact the police commissioner, Baroda, to ensure the presence of the second respondent, to personally examine the case and to do everything possible to have the police executed. NBW.

The case was released for hearing on March 9.

Lawyer Ashraf Ahmed Shaikh said that in accordance with Article 105 of the Code of Criminal Procedure (CrPC), reciprocity agreements have been concluded by the central government with foreign governments, and in light of this, the ministry of the Interior issued on February 11, 2009 comprehensive guidelines with regard to the service of subpoenas / warrants / legal proceedings.

“According to the guidelines, the service of arrest warrants without bail is tantamount to the extradition of the individual and these requests must be forwarded to the Ministry of Foreign Affairs in New Delhi,” Shaikh said. He added that the NBW issued by the Bombay HC was binding on the first defendant living in New Jersey, but this had to be done on the basis of certain legal procedures contained in the applicable treaties negotiated on the basis of the international principle of extradition. .

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