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This is an archive article published on November 7, 2013

Mane case: Defence seeks 15 days to appeal before Bombay HC

The next hearing in the trial has been scheduled for November 20.

Former state transport corporation driver Santosh Mane’s lawyer on Thursday submitted an application before Additional Sessions Judge V K Shewale,requesting him to adjourn the proceedings in the case for 15 days,as his client was planning to move the Bombay High Court for the alleged non-compliance of Section 329 of Criminal Procedural Code (CrPC) by the judge.

Defence lawyer Dhananjay Mane has claimed that though a panel of doctors of Regional Mental Hospital prescribed a course of medication for Mane for two weeks,the judge began to record Mane’s statements on October 28,the day the report was submitted.

As per the application submitted by the lawyer,on October 15,he had submitted an application to the judge stating that Mane was not fit to make a statement before the court on the quantum of punishment,as required by the law,and he was undergoing treatment for medical illness. He had pleaded for a psychiatric examination to determine his mental fitness. “However,on the same day,the judge began recording the accused’s statement. On October 28,when the panel of psychiatrist submitted the report,the court recorded the statement,though I was not present in the courtroom,” he said.

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“Section 329 of the CrPC (procedure in case of person of unsound mind tried before court) was not followed by the court. An application will be filed in the high court on behalf of the accused with regard to the proceeding going on in court since October 15. Hence,a request has been made to adjourn the proceedings in the case for 15 days,till an appeal is made before the high court,” the lawyer added.

The next hearing in the trial has been scheduled for November 20.


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