Jabbar Asalat Ansari v. The State Of Maharashtra And ANR.

1 / 2 22-IA-2339-22-IN-APEAL-715-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2339 OF 2022 IN CRIMINAL APPEAL NO.715 OF 2022 Jabbar Asalat Ansari .... Applicant versus State of Maharashtra & Anr.

.... Respondents .......

• Ms. Rachana Mahale h/f Farheen Chaudhary, Advocate for Applicant.

• Smt. M. R. Tidke, APP for the State/Respondent No.1. • Mr. Vaibhav A. Sugdare (Appointed) Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL, J.

DATE : 08th FEBRUARY, 2023 P.C. :

1.

On 18/11/2022 no one was present for the Applicant and the matter was adjourned to 24/11/2022 under the caption 'for dismissal'. On 24/11/2022 Advocate Mr. Ansari appeared for the Applicant and stated that the Advocate on record was not Digitally signed by MANUSHREE V NESARIKAR Date:

2023.02.10 14:22:08 +0530 well and sought adjournment. At that request, the application MANUSHREE V NESARIKAR was adjourned to 06/12/2022. Thereafter on 06/12/2022, the Nesarikar

2 / 2 22-IA-2339-22-IN-APEAL-715-22.odt matter was again listed, but on that day it was submitted that advocate on record had filed a leave note for the period between 05/12/2022 to 23/12/2022.

2.

Even today, in the morning, the advocate on record did not appear. Instead Ms. Rachana Mahale had appeared and sought an adjournment. However, considering this history, the matter was kept back. When the matter was called out in the afternoon session, nobody appeared for the Applicant. The conduct on the part of the advocate on record is deprecated. It appears that the matter is not taken seriously. Therefore, the application is dismissed for non-prosecution. (SARANG V. KOTWAL, J.)