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Bombay High CourtIA/2702/2023disposed off

Hemlata Mahesh Whaval v. Sandeepkumar Pandharilal Yadav And ORS.

2024-03-15Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak2 pages

P.H. Jayani 11(A) IA2702.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2702 OF 2023 IN CRIMINAL APPEAL NO. 434 OF 2021 Mrs. Hemlata Mahesh Whaval .... Applicant In the matter between :- Mr. Sandeepkumar Pandharilal Yadav .... Appellant v/s.

The State of Maharashtra .... Respondent Mr. Shashikant Chaudhari i/b. Mrs. Hemlata Whaval for the Applicant in IA/2702/2023.

Mr. Tanmay Vispute i/b. Mr. Ravindra Sawant for the Appellant. Mrs. A.A. Takalkar, APP for the State.

CORAM: A.S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATED : 15th MARCH, 2024.

P. C. :- 1) In view of the facts recorded in the Order dated 20th December, 2023, Mr. Tanmay Vispute, learned Advocate on instructions from Mr. Ravindra Sawant submitted that, Mr. Ravindra Sawant does not wish to continue with the present Appeal as an Advocate for the Appellant/ Applicant and he may be discharged from the record. The said statement is accepted.

1.1) Mr. Tanmay Vispute, learned Advocate on instructions further submitted that, the statement made by Mr. Ravindra Sawant that, Advocate Mrs. Hemlata Whaval passed away in Covid-19 pandemic, was made on 1/2

P.H. Jayani 11(A) IA2702.2023.doc the basis of the information given by the brother of the Appellant/Applicant and it was not his personal information. Mr. Tanmay Vispute, submitted that, Mr. Ravindra Sawant has tendered unconditional apology for the said inadvertent mistake/error occurred on his part. That, without verifying the genuineness in the information provided to him, he proceeded to mark absence of Advocate Mrs. Hemlata Whaval in the present proceedings.

2) In view of the above, nothing further survives in the present Application and is accordingly disposed off.

3) Mrs. Hemlata Whaval, learned Advocate appointed by the Legal Aid Committee to represent the Appellant, is permitted to continue with the hearing of the Interim Applications and Appeal. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) PREETI HEERO JAYANI by PREETI HEERO JAYANI Date: 2024.03.19 16:49:49 +0530 2/2