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Jalal Siddiqui Mulla v. The State Of Maharashtra

2019-01-24Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice A.S. Oka2 pages

ssm 1 14-appa1517.18gp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1517 OF 2018 IN CRIMINAL APPEAL NO. 681 OF 2012 WITH CRIMINAL APPLICATION NO. 1919 OF 2018 IN CRIMINAL APPEAL NO. 681 OF 2012 Jalal Siddiqui Mulla .....Applicant Vs.

The State of Maharashtra ....Respondent.

Ms. Sakina Kothari I/by Ms. Kranti S.S. Anand for the Applicant. Ms. Subhada Khot I/by Mr. Nitin Pradhan and Mr. Aditya Lasaria for the Appellant.

Mr. Arfan Sait, APP for the Respondent-State. CORAM : A. S. OKA, AND A. S. GADKARI, JJ.

DATE : 24th JANUARY, 2019.

P.C.:- Both the Applications are kept back as the Advocate appointed by the Applicant in the Appeal was not present. The matter was kept back at the request made by the junior colleague of the said Advocate. On second call also the said Advocate is not present. Criminal Application No. 1517 of 2018 is forwarded by the Appellant in the Appeal through jail in which he has stated that he 1/2

ssm 2 14-appa1517.18gp.doc does not want the Advocate appointed by him in the Appeal to continue and therefore, the said Advocate be directed to give no objection.

In Criminal Application No. 1919 of 2018, the Appellant has stated the name of the Advocate, to whom he wishes to engage. We are not going into the allegations made against the Advocate for the Applicant which are made in Criminal Application No. 1517 of 2018. However, the fact remains that the Applicant does not desire to continue the appointment of the Advocate appointed by him. We, therefore, discharge the Advocate appointed by him in the Criminal Appeal. However, we make it clear that we have not accepted the allegations made against the Advocate as correct. As the Advocate appointed by the Applicant is discharged now, the Applicant is free to engage any other Advocate.

Both the Applications are disposed of.

A copy of this Order shall be forwarded to the Applicant through the concerned Jail Superintendent.

(A.S. GADKARI, J.) (A.S. OKA, J.) 2/2