IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1249 OF 2023
Kailash Premchand Ramchandani. …Appellant
Versus
State of Maharashtra through
National Investigatuve Agency …Respondent
BRIEF NOTES ON COMPILATION OF ROZNAMA
Roznama Purpose/Hearing
Dated
05.01.202 For Order Exh. Accused No. 2 to 9 not produced from
3 J/c. Adv. Adit Ved for accused no. 9 absent. Adv. Mr.
Gopal Tripathy i/b M/s. Dewani Associates present and
24-07- Accused nos.2 to 8 are not produced from Mumbai
filed vakalatnama on behalf of accused no. 8. Adv. for
2023 Central Prison.
accused no. 8 filed application Exh.148 for permission
Adv.
to inspect the case files. The Applicant was permitted to
Gopal Tripathi for accused No.8 is present.
take inspection of truncated record in presence of
Adv. Mr. Adit Ved for accused No.9 is absent.
Sheristedar during Court working hours. Court is busy
Ld. Advocate Mr. Gopal Tripathi for accused No.8
in recording of evidence in NIA Special case No.
submitted that, BA Exhibit is filed by accused No.8
1599/2021 hence, matter adjourned for Order on
is pending and sought time to argue the BA. Exh.166
Exh.138 and 140.
till 01.08.2023.
16.01.202 For Order Exh. Adjourned.
In view of above, matter is adjourned till next date.
3 Judicial custody of accused Nos.2 to 9 is extended
24.01.202 For Order till Exh. Accused
next date. No.is2 adjourned
Matter to 9 not produced from for
to 01.08.2023
3 J/c. Adv. Mr. Adit
hearing Ved for accused no. 9 absent. Court
on Exh.166.
busy in recording evidence in MCOC Spl. Case No.
15/18 hence, matter adjourned for Order.
01.02.202 For Order Exh. Accused No. 2 to 9 not produced from
3 J/c. Adv. Mr. Adit Ved for accused no. 9 absent. Court
busy in recording evidence in High Court Time-bound
matter MCOCSpl. Case No. 25/16, Spl. Case 475/20
and Spl. Case 474/20 hence, matter adjourned for Order.
All accused be produced on before the court on next
date.
06.02.202 For Order Exh. Accused No. 2 to 9 not produced from
3 J/c. Adv. Mr. Adit Ved for accused no. 9 absent. Matter
adjourned for Order.
17.02.202 For Order Exh. PO is on leave. Matter adjourned for
3 Order.
20.02.202 For Order Exh. PO is on leave.
3
21.02.202 For Order Exh. PO is on leave. Matter adjourned for
3 Order.
28.02.202 For Order Exh. PO is on leave. Accused not produced
3 from J/c. Matter adjourned for Order.
06.03.202 For Order Exh. Accused No. 2 to 9 not produced from
3 J/c. Adv. Mr. Wahab Khan for accused no. 5 and 6 is
absent. Adv. for accused no. 8 filed an application
Exh.150 producing the internet copy on the order dt.
06.07.2022 passed by Bombay HC in Criminal Appeal
No. 599/2021 wherein HC was pleased to expedite the
case and directed to dispose of the case within 2 years
from the date of receipt of the said order. Adv. for
accused no. 8 filed an application Exh.151 for grant of
permission to communicate with family members via
mobile call. Production warrant issued to produce all
accused by next date without fail. Matter adjourned for
hearing on charge.
15.03.202 For High Court Time Bound. Accused No. 2 to 9 not
3 produced from J/c. Adv. Ms. Shifa Khan i/b Adv.
2. 1-08-2023 For High Court Time-Bound
Accused no.2 to 8 are not produced from Mumbai
central prison
Adv. Gopal Tripathi for Accused No.8 is present
Judicial Custody for accused no. 2 to 9 is extended
till next date.
Matter adjourned to 8-8-2023 for hearing on Exh-
166
3. 08-08- For High Court Time Bound
2023 Accused no. 2 to 8 are not produced from Mumbai
central prison
Adv. Gopal Tripathi for Accused No.8 is absent
It is further stated in the pursis that Ld. SPP for the
prosecution appearing for the NIA submitted to the
honourable court that prosecution will seek time in
the trial court and framing of the charge sheet would
be deferred to the next date and statement is
accepted
Ld. SPP submitted that on confirming from the IO
that, the contention in the pursis are correct
Judicial Custody for accused no. 2 to 9 is extended
till next date.
Matter adjourned to 18-8-2023 for hearing on BA.
Exh 166
4. 18-08- For High Court Time-Bound
2023 Accused no.2 to 8 are not produced from Mumbai
central prison
Adv. Gopal Tripathi for Accused No.8 is present
Adv. for Accused No.9 is absent
Ld. Adv Filed submissions with medical papers Exh-
166B. O -R
Ld. Adv. Mr Gopal Tripathi filed adjournment
application Exh 173
Judicial Custody for accused no. 2 to 9 is extended
till next date.
Matter adjourned to 22-8-2023 for hearing on Exh-
166
5. 22-08- For High Court Time-Bound
2023 Accused no.2 to 8 are not produced from Mumbai
central prison
Adv. Ms. Shifa Khan for accused No.2 is absent.
Adv. Gopal Tripathi h/f Adv. Mr. Shyam Dewani for
accused No.8 is present
Ld. Advocate for the accused No.8 filed Pursis
Exh.166 C producing copies of previous orders of
rejection of bail and order dated 06.07.2022 passed
by Honble Bombay High Court in Criminal Appeal
No.599/2021. O - T. O. R. Later on, at 1.25 pm.
Heard Adv. Mr. Shyam Dewani and Ld. SPP on
Exh.166. List of citations Exh.166 D filed by
Advocate for accused. O - T. O. R. Judicial custody
of accused Nos.2 to 9 is extended till next date.
Matter is adjourned to 24.08.2023 for Say on
Exh.152 and
6. 24-08- For HIGH COURT TIME BOUND
2023 Accused Nos.2 to 8 are notproduced from Mumbai
Central Prison
Adv. Ms. Shifa Khan for accused No.2 is absent.
Adv. Dakshata Sawant I/b Dewani Associates for
accused No.8 is present for accused No.8 is present.
Adv. Mr. Adit Ved for accused No.9 is absent. F. R.
S. R. following Order is passed below Exh.166-
ORDER Bail Application Exh.166 is rejected and
disposed of. Judicial custody of accused Nos.2 to 9
is extended till next date. The case is adjourned to
08.09.2023 for Say on Exh.152.
29. 08.09.2023 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are not produced from Mumbai
Central Prison
Mr. Sharif Shaikh for accused Nos.3 and 7 is absent
Adv. Mr. Gopal Tripathi for accused No.8 is present
With consent matter is adjourned to next date. The
judicial custody of accused Nos.2 to 9 is extended
till next date.
The case is adjourned to 18.09.2023 for Reply on
Exh.152.
Later on, at 1.30 pm. Adv. Mr. Glen Aloysius is
present and filed pursis Exh.174 With internet copy
of the order dated 05.09.2023 passed by Honble
High Court in Criminal Appeal No.459/2023, as
under- 1. Learned counsel for the appellant seeks
time. He states that the order enlarging the appellant
on bail, has been challenged before the Apex Court
by the National Investigation Agency (NIA) and as
such seeks time on the said ground. 2. At his request,
stand over to 4th October 2023. 3. The statement
made by Mrs. Pai, learned Special P. P. appearing on
behalf of the Respondent No.1 - NIA, on
instructions, which is recorded in the order dated
14th June 2023, to continue till the next date. The
case is already adjourned to 18.09.2023 for Reply on
Exh.152.
30. 18.09.2023 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are not produced from Mumbai
Central Prison
- The copy of bail application Exh.152 shall be
served to the prosecution by next date. The judicial
custody of accused Nos.2 to 9 is extended till next
date. The case is adjourned to 27.09.2023 for Reply
on Exh.152.
31. 27.09.2023 For HIGH COURT TIME BOUND
Adv. Ms. Chandni Chawla for accused No.4 is
absent
Adv. Mr. Gopal Tripathi for accused No.8 is present
The judicial custody of accused Nos.2 to 9 is
extended till next date. The case is adjourned to
10.10.2023 for Reply/Hearing on Exh.152.
32. 10.10.2023 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are not produced from Mumbai
Central Prison.
Adv. Mr. Gopal Tripathi for accused No.8 is present
Adv. Ms. Shifa Khan for accused No.2 is absent.
Adv. Mr. Sharif Shaikh for accused Nos.3 and 7 is
absent. Adv. Ms. Chandni Chawla for accused No.4
is absent
The judicial custody of accused Nos.2 to 9 is
extended till next date. The case is adjourned to
21.10.2023 for Reply/Hearing on B.A. (Exh.152).
33. 21.10.2023 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are not produced from Mumbai
Central Prison
Adv. Mr. Arjun Dev for accused No.8 is present.
Adv. Mr. Adit Ved for accused No.9 is absent
Bombay High Court is adjourned to 01.11.2023
Accused Nos.2 to 8 are produced from Mumbai
Central Prison.
The judicial custody of accused Nos.2 to 9 is
extended till next date. The case is adjourned to
06.11.2023 for Reply/Hearing on B.A. (Exh.152)
34. 06.11.2023 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are not produced from Mumbai
Central Prison
Adv. Mr. Dashang Doshi i/b Dewani Associates for
accused No.8 is present
Ld. SPP sought time for filing Say to the Bail
Application Exh.152. In view of above matter is
adjourned to 22.11.2023. The judicial custody of
accused Nos.2 to 9 is extended till next date
35. 22.11.2023 For HIGH COURT TIME BOUND
CORAM :- H. H. THE SPECIAL JUDGE AND
ADDITIONAL SESSIONS JUDGE SHRI. A. K.
LAHOTI (COURT ROOM NO.26)
Accused Nos.2 to 8 are not produced from Mumbai
Central Prison.
Adv. Ms. Yug Chaudhary for accused No.2 is absent
Adv. Mr. Dashang Doshi i/b Dewani Associates for
accused No.8 is absent.
Adv. Mr. Adit Ved for accused No.9 is absent.
The judicial custody of accused Nos.2 to 9 is
extended till next date.
The case is adjourned to 06.12.2023 for
Reply/Hearing on B.A. (Exh.152).
36. 06.12.2023 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are produced from Mumbai
Central Prison.
Adv. Ms. Chandni Chawla for accused No.4 is
absent
Adv. Mr. Dashang Doshi i/b Dewani Associates for
accused No.8 is absent.
Adv. Mr. Adit Ved for accused No.9 is absent.
The judicial custody of accused Nos.2 to 9 is
extended till next date.
The case is adjourned to 13.12.2023 for
Reply/Hearing on Bail Application (Exh.152).
Later on, at 3.05 p.m. Ld. SPP filed Say Exh.152-A
to the Bail Application Exh.152. O - Read and
recorded.
Copy of Say shall be served to the accused. The case
is already adjourned to 13.12.2023 for Hearing on
Bail Application (Exh.152).
95. 13.12.2023 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are produced through VC from
Mumbai Central Prison
Adv. Mr. Dashang Doshi i/b Dewani Associates for
accused No.8 is present
Accused No.7 sought time for hearing on Exh.152.
The judicial custody of accused Nos.2 to 9 is
extended till next date. The case is adjourned to
26.12.2023 for Reply/Hearing on Bail Application
(Exh.152).
96. 26.12.2023 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are not produced from Mumbai
Central Prison
Adv. Mr. Yug Chaudhary for accused No.2 is
absent. Adv. Mr. Sharif Shaikh for accused Nos.3
and 7 is absent. Adv. Ms. Chandni Chawla for
accused No.4 is absent. Adv. Mr. Wahab Khan for
accused No.5 and 6 is absent. Adv. Mr. Dashang
Doshi i/b Dewani Associates for accused No.8 is
absent. Adv. Mr. Adit Ved for accused No.9 is
absent.
Kept back. Later on, at 12.47 pm. Accused No.9 is
produced from Taloja Prison. The judicial custody of
accused Nos.2 to 9 is extended till next date. The
case is adjourned to 09.01.2024 for Reply/Hearing
on Bail Application (Exh.152).
97. 09.01.2024 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are not produced from Mumbai
Central Prison
Adv. Mr. Yug Chaudhary for accused No.2 is absent
Adv. Mr. Dashang Doshi i/b Dewani Associates for
accused No.8 is present.
Adv. Mr. Adit Ved for accused No.9 is absent.
94.Accused No.2 filed affidavit Exh.175 regarding
non-availability of passport. O - Seen. He also filed
affidavit Exh.176 for not possessing any identity
document. O - Seen. He filed undertaking Exh.177
in compliance with the Condition (xiii) of the order
dated 15.07.2022 passed by the Honble Bombay
High Court in Criminal Appeal No.11/2022. O -
Seen.
The judicial custody of accused Nos.2 to 9 is
extended till next date.
The case is adjourned to 16.01.2024 for
Reply/Hearing on Bail Application (Exh.152)
98. 16.01.2024 For HIGH COURT TIME BOUND
Accused Nos.2 to 8 are not produced from Mumbai
Central Prison
Adv. Mr. Yug Chaudhary for accused No.2 is absent
Adv. Ms. Chandni Chawla for accused No.4 is
absent
Adv. Mr. Dashang Doshi i/b Dewani Associates for
accused No.8 is present.
Adv. Mr. Adit Ved for accused No.9 is absent.
Later on, at 03.01 p.m. Adv. Ms. Chandni Chawla
for accused No.4 is present. The judicial custody of
accused Nos.2 to 9 is extended till next date
The case is adjourned to 29.01.2024 for
Reply/Hearing on Bail Application (Exh.152).
99. 29.01.2024 For HIGH COURT TIME BOUND
Accused Nos.3 to 8 are not produced from Mumbai
Central Prison
Adv. Mr. Yug Chaudhary for accused No.2 is absent
Adv. Mr. Dashang Doshi i/b Dewani Associates for
accused No.8 is present
Adv. Mr. Adit Ved for accused No.9 is absent.
The judicial custody of accused Nos.3 to 9 is
extended till next date. The case is adjourned to
05.02.2024 for Reply/Hearing on Bail Application
(Exh.152)
100. 05.02.2024 For HIGH COURT TIME BOUND
Accused Nos.3 to 8 are not produced from Mumbai
Central Prison
Adv. Mr. Yug Chaudhary for accused No.2 is absent
Mr. Dashang Doshi i/b Dewani Associates for
accused No.8 is present
Adv. Mr. Adit Ved for accused No.9 is absent.
Issue production warrant to produce accsued Nos.3
to 9 on next date without fail.
Accused No.2 shall also remain present on next date
without fail. List the matter for framing of charge on
next date.
The judicial custody of accused Nos.3 to 9 is
extended till next date
The case is adjourned to 15.02.2024 for framing of
Charge
NOTE
From the bare perusal of the above Roznamas, it is clear that never ever has
the matter before the Ld. Special Court has got adjourned for any reason on
part of the Appellant.
It is also made clear that from the time the Hon’ble High Court order dated
12.07.2022 directing the Ld. Special Court to expedite the trial and conclude
the same within a period of 2 years, the Appellant was always hopeful for the
same and cooperated with the proceedings in all aspects.
However, sufficient time has lapsed since the passing of the order dated
12.07.2022 as well as communication of the same to the Ld. Special Court.
Despite the said, there has not been a single fruitful progress in the trial
proceedings as the same has always been delayed by other Co-Accused/s on
one or the other pretext.
Hence, under the aforesaid circumstances and slow trial, the Appellant herein
preferred the present appeal not only on the grounds as made out from the
Roznamas but also on various medical grounds as is known to the Hon’ble
Court.
