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Bombay High CourtIA/3367/2022disposed off

Naveen Ashok Bagade v. The State Of Maharashtra

2022-11-23Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

CAJ 29-Ia-3367-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3367 OF 2022 IN CRIMINAL APPEAL NO. 534 OF 2019 Naveen Ashok Bagade ... Applicant V/s.

The State Of Maharashtra ... Respondent Mr. Madhusudan Pareek Appointed Advocate for Applicant. Ms. J. S. Lohakare APP, for Respondent-State. CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 23rd NOVEMBER, 2022.

P.C. :

1.

This is an Application filed by Accused No.1 to file a separate Appeal on his behalf.

2.

Record indicates that, Accused No.1 had filed Criminal Appeal No.534 of 2019 alongwith other two Accused through Advocate Mr. S. B. Bhamare. That, Applicant thereafter addressed a letter to Secretary, Legal Services Committee High Court, Mumbai requesting it to provide an Advocate from Legal Aid Panel to file a separate Appeal as he was unable to pay the professional charges of the earlier Advocate. 3.

High Court Legal Services Committee, Mumbai thereafter contacted Advocate Mr. S. B. Bhamare, who by his letter dated 27th July, 2021 gave no objection in favour of the Legal Aid to appoint an Advocate 1/2

CAJ 29-Ia-3367-2022.odt from its panel to represent Applicant.

4.

High Court Legal Services Committee, Mumbai accordingly appointed Advocate Mr. Madhusudan Pareek to represent Applicant. Mr. Pareek thereafter filed present Application.

5.

In view of the above and for the reasons stated in Application, Applicant is permitted to segregate his Appeal from Criminal Appeal No.534 of 2019 and to file a separate Appeal through the Advocate appointed to represent Applicant from High Court Legal Services Committee, Mumbai.

6.

In view of the above discussion, we allow present Application in terms of prayer clauses "a" and "b".

[PRAKASH D. NAIK, J.] [A.S. GADKARI, J.] 2/2