Anilkumar Sitaram Mishra v. State Of Maharashtra

BGA 38-Wp-4892-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4892 OF 2021 Anilkumar Sitaram Mishra ... Petitioner V/s.

The State of Maharashtra ... Respondent Mr. Kedar Purav h/f Ms. Kirti Godbole for Petitioner. Mrs. M.H. Mhatre, APP for Respondent-State.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 17th JANUARY, 2023.

P.C. :

1.

By present Petition, Petitioner has prayed that, an Advocate at the cost of Government may be appointed before the trial Court for pursuing his bail Application.

2.

As per the report submitted by Superintendent, Thane Central Prison, Thane, Petitioner is involved in C.R. No.462 of 2019 registered with Malad Police Station for an offence punishable under Sections 302, 307, 34 of Indian Penal Code and under Section 37(1) r/w Section 135 of the Mumbai Police Act. The investigation of the said crime culminated in Sessions Case No.308 of 2020 and is pending on the file of learned Sessions Judge, Dindoshi, Mumbai.

3.

In view thereof, we direct learned Sessions Judge, Dindoshi, Mumbai, seized of Sessions Case No.308 of 2020 arising out of C.R. No.462 of 2019 registered with Malad Police Station, Mumbai to appoint an 1/2

BGA 38-Wp-4892-2021.odt Advocate to represent and espouse cause of Petitioner, from the Panel of District Legal Services Committee.

This be done within a period of one week from the date of receipt of present Order.

4.

Petition is allowed in aforesaid terms.

5.

Registrar (Judicial-II) is directed to communicate this Order to the learned Sessions Judge seized of Sessions Case No.308 of 2020 as expeditiously as possible.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2