Kalyan Ghadge And ANR v. The State Of Maharashtra And ANR

DDR 61. APL 350-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 350 OF 2024 Mr. Kalyan Ghadge & Anr.

..Applicants Vs.

The State Of Maharashtra & Anr.

..Respondents _______________________________ Mr. Vinod Kashid a/w. Mr. Sumit Bhoite for Applicants. Mr. Ajay Patil, APP for Respondent No.1-State. Mr. Prakash Wagh for Respondent No.2.

Ms. Rama Somani a/w. Mr. Chetan Alai for Applicant No.1. Mr. Sanjay Chavan, PI, MIDC Police Station, Mumbai. _______________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 30th JUNE, 2025.

P.C.:- 1) Record clearly indicates that, learned Advocate Mr. Vinod Kashid has filed his vakalatnama on behalf of the Applicants. 2) When the Application was called out for hearing, Advocate Ms.Rama Somani appeared and submitted that, now her senior Mr. Chetan Alai has been briefed to appear on behalf of Applicant No.1 only. 3) It is the settled position of law and as has been enumerated by this Court in case of Bhaskar P. Kadam Vs. The State of Maharashtra, reported in 1984 BLR 467 Vol. LXXXVI, two or three different Advocates cannot appear on behalf of one set of the Appellants / Applicants. 3.1) Upon a query by this Court, Advocate Mr. Kashid fairly 1/3

DDR 61. APL 350-24.doc submitted that, till date his 'No Objection' has not been taken by either Advocate Ms. Rama Somani or Advocate Mr. Chetan Alai. 4) Later on at 3.45 p.m., Advocate Mr. Chetan Alai submitted that, he has received Vakalatnama on behalf of Applicant No.1, however till date he has not taken 'No Objection' of Advocate Mr. Kashid. 4.1) We do not appreciate such sort of practice adopted by Advocates appearing for a particular Applicant or group of Applicants when other Advocate has already briefed and filed Vakalatnama. 4.2) The conduct of Advocate Ms. Rama Somani and Advocate Chetan Alai has caused not only inconvenience to Advocate Mr. Vinod Kashid but also to this Court, as we have to spend substantial time for no reasons while ascertaining the afore-noted facts. 5) Facing with the said difficulty, Mr.

Chetan Alai, learned Advocate appearing for Applicant No.1 submitted that, for the inconvenience caused to Advocate Mr. Kashid, so also to this Court, he will pay a cost of Rs.25,000/- to the Bar Council of Maharashtra and Goa's Advocate Academy & Research Center within a period of two weeks from the date of uploading of present Order on the Official Website of the High Court of Bombay. The said statement is accepted as an undertaking given to this Court.

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DDR 61. APL 350-24.doc 5.1) Details of the bank account of payment of cost are as under :- Account Name : BCMG'S Advocate Academy & Research Center.

Account Number : 000120110001327 Bank Name : Bank of India Branch Name : Mumbai Main Branch IFS Code : BKID0000001 Type of Account : Current Account 6) Stand over to 8th August 2025.

7) To be listed under the caption "For Directions". 8) Ad-interim relief, if any granted earlier, to continue till next date.

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 22/07/2025 19:06:30