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Bombay High CourtAPPA/1372/2018

Arif @ Baba Ayyub Salar v. The State Of Maharashtra

2019-04-26Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

1 of 2 9.APPA.641.2019.doc .

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.641 OF 2019 IN CRIMINAL APPEAL NO.883 OF 2011 Arif @ Baba Ayyub Salar Applicant versus The State of Maharashtra Respondent WITH CRIMINAL APPLICATION NO.529 OF 2019 IN CRIMINAL APPEAL NO.1225 OF 2011 Abdul Noorahmad Shaikh Applicant versus The State of Maharashtra Respondent WITH CRIMINAL APPLICATION NO.1372 OF 2018 IN CRIMINAL APPEAL NO.883 OF 2011 Arif @ Baba Ayyub Salar Applicant versus The State of Maharashtra Respondent Adv.Snehal Khairnar with Mr.Sadanand Shetty for applicant. Mr.Arfan Sait, APP, for State.

CORAM :

B.P.DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATE :

26th April 2019 PC :

1.

Criminal Application No.641 of 2019 is for expeditious hearing of Criminal Appeal No.883 of 2011. Criminal Application No.1372

2 of 2 9.APPA.641.2019.doc of 2018 is filed by very same applicant for grant of temporary bail or bail as he has already put in 11 years and 6 months in prison. 2.

The accused no.6 in same matter namely Abdul Noor Ahmed Shekh has filed Criminal Application No.529 of 2019 for changing his advocate and for appointing another senior advocate for him. 3.

Learned counsel who has filed vakalatnama for accused no.6 Abdul Shekh denies adverse allegations in the application and gives no objection for appointment of another advocate for him. 4.

In this situation, we direct the High Court Legal Aid Services Committee to appoint panel advocate for accused Abdul Shekh. Criminal Application No.529 of 2019 is thus partly allowed and disposed off.

5.

Criminal Appeal No.883 of 2011 in which two applications are preferred, is already on board for final hearing. We, therefore, grant liberty to the applicant to mention the matter after panel advocate appears for accused no.6 Abdul Shekh. Criminal Application Nos.641 of 2019 and 1372 of 2018 are therefore disposed off. (PRAKASH D. NAIK, J.) (B.P.DHARMADHIKARI, J.) MST