Jivya Dharma Chothe And ANR. v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1072 OF 2015 IN CRIMINAL APPEAL NO.653 OF 2009 Jivya Dharma Chothe ..Applicant Vs.

The State of Maharashtra ..Respondent WITH WRIT PETITION NO.628 OF 2010 ----- Mr. Ganesh Bhujbal i/b Mr. Prakash Naik for the Applicant. Mr. H.J. Dedhia, APP for State.

None for Petitioner in WP No.628 of 2010 ----- CORAM: SMT. V.K. TAHILRAMANI, Acting C.J. & A.S. GADKARI, J.

22nd September, 2015 P.C.:

The present appeal was filed by Advocate Mr. Prakash Naik. The applicant in this Application has prayed that instead of Mr. Prakash Naik, Advocate Mr. Shekhar Bhise be appointed to represent him in the appeal.

On going through the panel of the Advocates of the High Court Legal Services Committee, we found that Mr. Shekhar Bhise's name is not there in the said panel. In this view of the

matter, it was not possible to appoint Advocate Mr. Shekhar Bhise. Hence, we told learned APP to inform this fact to the applicant through the concerned Jailer and record applicant's statement as to whether he wishes that another Advocate from the panel of the High Court Legal Services Committee be appointed to represent him.

Pursuant to the aforesaid directions, the statement of the applicant has been produced before us. The applicant has stated that he may be provided with a new experienced Counsel to represent him in the case. The said statement is taken on record and marked 'X-1' for identification.

In this view of the matter, the High Court Legal Services Committee to appoint a Counsel from the panel to represent the applicant in his appeal i.e. Criminal Appeal No.653 of 2009.

The Application is allowed in the above terms. (A.S. GADKARI, J.) (ACTING CHIEF JUSTICE)

CERTIFICATE Certified to be true and correct copy of the original signed order.