Amol Narayan Shinde And ANR. v. State Of Maharashtra And ANR

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2444 OF 2025 IN CRIMINAL APPEAL NO. 31 OF 2025 Dilip Vitthal Kamble ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents WITH INTERIM APPLICATION NO. 672 OF 2025 IN CRIMINAL APPEAL NO. 31 OF 2025 Amol Narayan Shinde & Ors.

..Applicants

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Aniket Vagal for Applicant in I.A./2444/2025. Ms. Kranti T. Hiwrale, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 17 JULY 2025 PC :

1.

This is an application for permission to file separate Appeal because of change of Advocate. The original Criminal Appeal No.31 of 2025 was filed by the six Appellants who were the original Accused Nos.1,2,4,5,7 and 8. All the six accused were Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.07.18 15:28:57 +0530 VINOD BHASKAR GOKHALE

convicted by the learned Additional Sessions Judge, Pune, in Sessions Case No.182 of 2015. The present application is filed by the Appellant No.1 who was the original Accused No.1 before the Trial Court. Now he wants to change his advocate. The Advocate on record has filed his vakilpatra after obtaining NOC from the earlier advocate. The said vakilpatra is filed in this application. Since the Accused No.1/Appellant No.1 wants his appeal to be argued separately, permission can be granted to him to pursue his remedy through different advocate.

2.

Hence, the following order:

O R D E R

i) The Appeal of the Appellant No.1 is permitted to be separated.

ii) He shall file a separate Appeal memo. Since the original Appeal was already admitted, no further order of admission of his separate Appeal is necessary, but he will have to file separate Appeal memo.

iii) Filing of the certified copy is dispensed with.

iv) The cause title of the Criminal Appeal No.31 of 2025 shall accordingly be modified by deleting the name of the Appellant No.1 from the array of Appellants in that Appeal.

v) Learned counsel for the Appellant in Criminal Appeal No.31 of 2025 shall carry out the amendment to that effect within a period of three weeks from today.

vi) Similarly, the amendment shall be carried out in I.A.No.672 of 2025 by deleting the name of the Appellant No.1 from that application which is filed for suspension of sentence.

vii) The I.A.No.672 of 2025 shall be listed for further consideration on 19.08.2025.

viii) The Interim Application No. 2444 of 2025 is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)