Dilip Sitaram Palande v. The State Of Maharashtra

909. APPA 1481.18.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1481 OF 2018 IN CRIMINAL APPEAL NO. 1038 OF 2013 Dilip Sitaram Palande.

... Applicant.

(Ori.Accused No.15) V/s.

The State of Maharashtra.

... Respondent.

Mr. Daulat Khamkar for the Applicant.

Ms. M.M. Deshmukh, APP for the Respondent - State. CORAM : S.S. Shinde and Smt. Mridula Bhatkar , JJ.

DATE : 31st August, 2018.

P.C. :- This Application is filed by the Original Accused No.15 and Respondent No.6 in Appeal No. 1038 of 2013. The learned Counsel appearing for the Applicant submits that no objection from the Advocate on record who has filed the Appeal No. 1038 of 2013 has been obtained. He submits that he is relying upon the Practice Note No.53 issued on 2nd April 2018 by the Prothonotary & Senior Master, High Court, Original Side, Bombay and the Registrar (Judicial-I), High Court, Appellate Side, Bombay. Therefore he

909. APPA 1481.18.doc prays that the Original Accused No.15 i.e. Respondent No.6 in the Appeal may be allowed to present the separate Appeal represented through him.

2.

In the light of the submission made across the bar and keeping in view the averments in the application and the fact that the Advocate on record in Appeal No. 1038 of 2013 has already granted no objection for appearance of Advocate Mr. Daulat Khamkar, we have no hesitation to allow this application. Accordingly, the Application is allowed in terms of prayer clause (a). The same stands disposed of.

3.

Needless to observe that Original Accused No.15 that is Respondent No.6 would be entitled to present the separate application.

4.

Needless to observe that Advocate Mr. Daulat Khamkar has already filed the Vakalatnama obtaining the no objection of Advocate on record to appear on behalf of Applicant - Original Accused No.15 and therefore, filing of Vakalatnama once again in the Appeal stands dispensed with.

5.

List the remaining Criminal Applications with Appeals on 25th September 2018.

(Smt. Mridula Bhatkar, J.) (S.S. Shinde, J.) Jyoti Prakash Pawar by Jyoti Prakash Pawar Date:

2018.09.03 11:29:39 +0530