Mohammad Saheb Gaus Gulam Nabi Shaikh v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4136 OF 2022 IN CRIMINAL APPEAL NO.344 OF 2017 Mohammad Saheb Gaus Gulam Nabi Shaikh Applicant versus The State of Maharashtra Respondent Mr.Ashish Satpute, Advocate for applicant-Appellant. Ms.M.H.Mhatre, APP, for State.

Ms.Shifa Khan i/by Dr.Yug Mohit Chaudhary, present. CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 6th December 2022 PC :

1.

By present application received through jail, the Applicant has requested this Court to cancel appointment of his advocate on record i.e. Advocate Subhash Pangonda Hulyalkar and permit him to appoint Advocate Yug Mohit Chaudhary in his place. He has stated that he is not satisfied with the functioning of Advocate Mr.Subhash Hulyalkar and he does not trust his advocate and therefore the said request is made.

2.

Applicant will be at liberty to appoint any advocate of his MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.12.09 16:35:21 +0530 choice for which direction and permission of this Court is not necessary.

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Be that as it may. It is to be noted here that, when the substantive appeal was taken up for hearing, on three occasions the advocate on record for the applicant remained absent. This Court therefore by order dated 5th September 2022 appointed Advocate Mr.Aashish Satpute to act as an Amicus Curiae to assist this Court. Today Mr.Aashish Satpute submitted that he has perused the record and proceedings and is prepared to argue the matter finally. 4.

In view thereof, by reserving the right of applicant/appellant to appoint advocate of his choice, we continue appointment of Advocate Mr.Aashish Satpute as Amicus Curiae. 5.

Interim Application is disposed off in the aforesaid terms. (PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST