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Bombay High CourtIA/2991/2022disposed off

Vikram Rajaram Chourasiya v. The State Of Maharashtra

2022-09-14Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Milind N. Jadhav2 pages

8. IA.2991.22++.doc ssk IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 2991 OF 2022 IN CRIMINAL APPEAL NO. 513 OF 2015 Vikram Rajaram Chourasiya ..Applicant/Appellant

Versus

State of Maharashtra ..Respondent Ms. Aisha Ansari for Applicant/Appellant.

Mr. Omkar Chitale i/by Mr. Harshad Sathe, Appointed Advocate for Appellant CORAM :A. S. GADKARI & MILIND N. JADHAV, JJ.

DATE :14th September, 2022.

P.C.

:

.

This is an application for recalling of an Order dated 26.07.2022 passed in Criminal Appeal No. 513 of 2015 with Interim Application No. 1428 of 2021.

2.

It is a matter of fact on record that, neither on 25.07.2022 nor on 26.07.2022 nobody had appeared on behalf of Appellant. Even courtesy to mention the matter expressing the difficulty which was being faced by the learned Advocate on record was not extended to this Court. In these circumstances, we passed the Order dated 26.07.2022 by following the guidelines issued by the Hon'ble Supreme Court in the case of Surya Baksha Singh Vs. State of Uttar Pradesh1. 2014(14)SCC 222 1/2

8. IA.2991.22++.doc 3.

It is a further fact on record that, after passing the Order dated 26.07.2022, High Court Legal Services Committee, Mumbai has appointed Advocate Mr. Harshad Sathe to represent Appellant. 4.

Be that as it may, for the reasons stated in the Interim Application, we are inclined to recall the order dated 26.07.2022 subject to payment of cost of Rs.5,000/- to be paid to the Kirtikar Law Library, High Court, Mumbai on or before 16.09.2022. 5.

Interim Application No. 2991 of 2022 is accordingly allowed in terms of prayer clause (a).

6.

All concerned to act on an authenticated copy of this order. [ MILIND N. JADHAV, J. ] [A. S. GADKARI, J.] Digitally signed by SONALI SATISH KILAJE Date:

2022.09.15 18:13:56 +0530 SONALI SATISH KILAJE 2/2