Mohammad Parvez Salollah Shaikh v. The State Of Maharashtra
2024:BHC-AS:214 PMB 23.apeal.25-20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.25 OF 2020 MOHAMMAD PARVEZ SALOLLAH SHAIKH ..APPELLANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ None for the appellant.
Mr. S. H. Yadav, APP for the State.
Adv. Aditya Bapat for the victim.
------------ CORAM : M. S. KARNIK, J.
DATE : JANUARY 3, 2024 P.C. :
1.
On 27.09.2023 this Court passed the following order :- "Communication from Amaravati Central Prison dated 3rd September, 2023 reveals that the convict/appellant has undergone the entire sentence including the sentence of fine and has been released from the jail on 25th February, 2022. 2.
On 17th July, 2023, learned Counsel Mr. Shyamrishi Pathak had submitted that the appellant had already taken back the papers from him and he did not wish to continue him as an Advocate.
3.
High Court Legal Services Authority is directed to appoint an Advocate from its Panel to represent the appellant in the appeal.
4.
Interim Application No.864 of 2019 stands disposed of in view of the aforesaid development.
5.
Learned APP seeks time to ascertain as to whether the appellant is desirous of prosecuting the appeal since he has undergone the entire sentence.
6.
Stand over to 19th October, 2023."
1/2
PMB 23.apeal.25-20.doc 2.
Learned APP on instructions submitted that the Investigating Officer tried to ascertain from the appellant whether he is desirous of prosecuting the appeal. It is informed that the appellant is not now traceable after his release from jail. It is already stated in the order that the appellant had taken back the papers from the earlier advocate.
3.
In this view of the matter, it appears that the appellant is not interested in prosecuting the appeal. As the appellant has served the sentence I have not proceeded to appoint any advocate through legal aid to represent him to contest the appeal. The same is disposed of.
4.
Liberty to apply.
(M. S. KARNIK, J.) 2/2