Shivkumar So Venkatrao Patil @ Gojegaonkar And Another v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3713 OF 2023 IN APEALST/10269/2023 SHIVKUMAR SO VENKATRAO PATIL @ GOJEGAONKAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. S. S. Gangakhedkar, Advocate for the applicants Mr. S. P. Sonpawale, APP for the respondent/State Mr. S. S. Varma, Advocate for the respondent No. 3 (appointed)

CORAM

: R. M. JOSHI, J.

DATE : 4th NOVEMBER , 2023 P.C. :- 1.

Learned APP submits that Smt. Varsha Bhutale is present. She claims that she is sister of respondent No.3 and his constituted attorney. She placed on record the photocopy of the power of attorney. The said document is taken on record and marked as 'X' for identification. She claims for legal aid.

2.

Hence Mr. S. S. Varma, learned counsel is appointed to represent respondent No.3 in this proceeding.

3.

According to counsel for applicants there is no deliberate delay on his part in preferring this appeal.

4.

Learned counsel for the informant and learned APP vehemently 903.ca3713.23.odt

opposed the application. Interest of justice requires that the delay should be condoned but not without imposition of cost. Having regard to the nature of proceeding, the quantum of cost is fixed at Rs.5,000/- payable to respondent No. 3.

5.

Applicants/appellants to deposit the cost before the Trial Court within a week. Trial Court to permit the respondent No.3 to withdraw the said amount after due verification. Application stands allowed. (R. M. JOSHI, J.) ssp 903.ca3713.23.odt