Prakash Manohar Sharma v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 335 OF 2024 The State Of Maharashtra ...Applicant vs.

Uday Shardaprasad Pathak And Ors.

...Respondents

ALONGWITH INTERIM APPLICATION NO. 2595 OF 2024 IN REVISION APPLICATION NO. 335 OF 2024 Prakash Manohar Sharma ...Applicant vs.

State Of Maharashtra

...Respondent

***** Mr. H. J. Dedhia APP for Applicant-State Prashant Pandey, Dinesh Jadhwani, Irfan Unwala i/by Wthree Legal LLP Advocate for the Respondent No. 1 Mr. Narayan Rokade Advocate for Respondent No. 14 and Applicant in IA 2595 of 2024 ***** CORAM : S. M. MODAK, J.

DATE : 04th OCTOBER 2024 P. C. :- 1.

Heard both the sides.

2.

An affidavit-in-reply filed on behalf of the Respondent No. 1 is taken on record and marked as 'Annexure-A'. There is some problem in 1/3

e-filing, that is why hard copy is taken on record. 3.

State is expected to serve other Respondents. Their service affidavit is taken on record and marked as 'Annexure-B'. In para no. 3, it mentions about service on Respondent No. 3-Amit Ramkumar Soni and Respondent No. 11-Manoj Chandrakant Gujar. In para no. 4, it mentions about service on Respondent No. 6- Chhabinath Ramsagar Dixit@ Anil Rickshawala @ Channu and Respondent No. 4-Hemant Ramashray Gupta @ Gibbs. All are on bail. If they will not appear, certainly the Court can proceed in their absence. As per para no. 5, notice is served on following Respondents at Arthur Road Central Prison :- Respondent No. 2 Bhola Rambahadur Chaubey @Bhanu Respondent No. 5 Laxmikant Chamanlal Khatri @ Rassu Respondent No. 7 Kalpesh Narendra Patel @ Lalu Respondent No. 8 Rohit Gangasagar Varma @Baccha Respondent No. 9 Ajit Anant Rane Respondent No. 10 Naresh Ashok Mayekar @ Chitlaya Respondent No. 12 Vivekanand Sudhir Pise @ Vicky Respondent No. 13 Rahul Pandurang Mandri @Rahul Mantri 4.

Let learned Secretary MSLSA to appoint an advocate to represent 2/3

them.

5.

State to provide necessary papers to appointed Advocate. 6.

Respondent No. 14 is also in jail, however he is represented by learned Advocate Shri Rokade.

7.

There is a grievance raised on behalf of the Respondent No. 1 and 14 that State is not diligent in prosecuting this revision. 8.

On 26.08.2024, this matter was not listed, and today it is listed on the basis of the circulation sought by Respondent No. 1. Few of the under trial accused are seeking bail. Whereas trial is stayed by the Sessions Court.

9.

I think the concerned Respondents are at liberty to make submission before the bail Court about happening of the events in this revision, because according to learned APP Mr. Dedhia in the afternoon session this Court is dealing with the first appeal and that is why criminal matters are listed only in first half. 10.

Matter be kept on 18th October 2024.

[S. M. MODAK, J.] 3/3 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 08/10/2024 14:46:10