Salauddin @ Babbu @ Chikana Mainuddin Kureshi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Shambhavi N. Shivgan CRIMINAL APPELLATE JURISDICTION Shambhavi N.

Shivgan Date: 2021.01.11 17:13:00 +0530 Criminal I.A. No. 44 / 2021 with Criminal I.A. No. 703 / 2020 in Criminal Appeal No. 224 / 2020 Salauddin @ Babbu @ Chikana Mainuddin Kureshi .. Appellant Vs.

The State of Maharashtra .. Respondent **** Mr. Gaurav Bhawani, Advocate for the Appellant. Mr. R.M. Pethe, APP for State/ Respondent.

**** CORAM : SANDEEP K. SHINDE J.

DATE : 11th JANUARY, 2021 P.C. :- Heard. Learned Counsel for the Appellant and learned APP for State.

1.

This is an application made by the accused no.1 in 1/3

Criminal Appeal No. 224/2020. The appeal is joint appeal preferred by two accused, which has been admitted on 26th February, 2020. The present application is fled for separating the appeal of the applicant in terms of clause (v) of Practice Note no. 53 dated 2nd April, 2018. This Practice Note has been issued in the light of the settled law that in one appeal, di9erent appellants cannot be represented by di9erent advocates. Herein, the applicant is appointed another lawyer to argue his appeal. In view of this fact and in terms of provision of clause (v) of Practice Note no. 53, application is allowed in terms of prayer clause 12 (i).

2.

It is clarifed that since the Criminal Appeal No. 224 / 2020 was fled within limitation and has been admitted, it is not necessary for the applicant to fle an application for condonation of delay. The Vakalatnama fled by the Advocate for the applicant shall be treated as Vakalatnama in separate appeal, which the applicant no. 1 shall fle within three weeks 2/3

from today. Thereafter it should be numbered and treated as 'admitted' as Criminal Appeal No. 224/2020 has been admitted.

3.

The Criminal Appeal No. 224 of 2020 and Appeal of the applicant, which he undertakes to fle within three weeks from today, shall be heard together.

4.

Interim Application is allowed in terms of prayer clauses 12 (i) to (iv).

5.

Interim Application No. 44/2021 is disposed of. 6.

List the appeal no. 224/2020 as per C.I.S.

(SANDEEP K. SHINDE, J.) NAJEEB// 3/3