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Bombay High CourtAPL/856/2024allowed

Shri Vipin S/O Babanrao Kamble And 5 Others v. State Of Maha. Thr. Investigation Officer/ Pso Rajapeth Ps, Amravati City Dist. Amravati And 2

2024-06-26Hon'Ble Shri Justice Pravin S. Patil2 pages

1 25.appp.952.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 952/2024 AND CRIMINAL APPLICATION (APL) NO. 856/2024 Vipin s/o. Babanrao Kamble and Ors.

Vs.

The State of Maharashtra and Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. M. Ukey, A.P.P. for Non-applicant/State. CORAM : SMT. VIBHA KANKANWADI & MRS.VRUSHALI V. JOSHI, JJ.

DATED : 26/06/2024.

.

The parties-in-person is absent when called.

2.

Perusal of the record would show that he had appeared before the Committee, which is constituted in respect of applications for allowing the party-in-person to conduct the matter and the report has been given under Rule 2 of Chapter IV-A of the Bombay High Court Appellate Side Rules, 1960. The Committee has given opinion that they are of the prima facie opinion that the applicants would be able to conduct the matter in person. It is to be noted that there are six applicants and the applicant No.1, has been given permission to appear in person by the Committee. The question then arises as to whether he can be permitted to argue on behalf of the applicant Nos.2 to 6. It appears that the Committee has not considered this point. Another fact that has been brought to the notice by the learned A.P.P. is that Criminal Application No.952/2024 has been filed on behalf of all applicants for grant of legal aid. Under the said

2 25.appp.952.24 circumstance, the matter be placed again before the Committee for the report.

3.

The Committee may call a party-in-person and conduct a decision. As regards the application for seeking grant of legal aid is concerned, that can be decided by this Court. The question also then will arise as to whether there can be a joint application. However, taking into consideration these two contrary circumstances, the Committee to reconsider and give report within a period of two weeks.

4.

Stand over after two weeks.

(MRS. VRUSHALI V. JOSHI, J.) (SMT. VIBHA KANKANWADI, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 27/06/2024 11:01:06