Vishwajit Kerba Masalkar v. The State Of Maharashtra

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2024.04.30 11:28:15 +0530 5-wp.3508.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3508 OF 2023 (THROUGH JAIL) Vishwajit Kerba Masalkar

...Petitioner

Versus

The State of Maharashtra

...Respondent

Ms. Aditi M. Athawale, Appointed Advocate, for the Petitioner. Mr. K. V. Saste, Addl.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATE : 25th APRIL 2024 P.C. :

1.

This is a petition preferred by the petitioner through jail seeking medical help and treatment for his ailments. Since, this petition was filed through jail Ms. Aditi Athawale was appointed through the High Court Legal Services Committee to espouse the cause of the petitioner.

2.

Ms. Aditi Athawale had taken great pains to prepare the synopsis and has collected documents and several orders. The same N. S. Chitnis 1/2

5-wp.3508.2023.doc were tendered before the Court and have been taken on record. 3.

Today, Ms. Payoshi Roy states that she has been instructed by the petitioner to appear on his behalf. We disapprove this practice of the advocate coming after a petition is filed through jail. 4.

Be that as it may, since the petitioner now wants to engage an advocate, we dispose of the petition with liberty to file a fresh petition through his advocate.

5.

Needless to state, that the High Court Legal Services Committee to award fees of the learned Appointed Advocate, as well as the expenses for the documents tendered by the learned appointed advocate in the aforesaid petition, as per Rules. MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

N. S. Chitnis 2/2