Dasharath Kisan Jadhav v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2081 OF 2025 IN CRIMINAL APPEAL NO.1542 OF 2018 WITH INTERIM APPLICATION NO.2579 OF 2024 IN CRIMINAL APPEAL NO.1542 OF 2018 Dashrath Kisan Jadhav .... Applicant versus The State of Maharashtra .... Respondent WITH CRIMINAL APPEAL NO.65 OF 2019 Ramdas Pandurang Aher .... Applicant versus The State of Maharashtra .... Respondent .......

• Mr. Ashish Gabhale a/w Mr. Faiz Qureshi i/b. Jay & Co. Advocate for Applicant/Appellant.

• Mr. Chetan Alia, Advocate for Appellant in APEAL/65/2019. • Ms. Kranti T. Hiwrale, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 11th JULY, 2025 P.C. :

Digitally signed by MANUSHREE NESARIKAR Date:

2025.07.19 12:55:32 +0530 MANUSHREE NESARIKAR 1.

This application is sent through the jail by the original Applicant. He has submitted that his Appeal is filed through Nesarikar

2 / 3 Legal Aid Counsel. But he wants to engage a private Advocate. He is seeking NOC for appointing the private Advocate. 2.

Since now the Applicant is in a position to engage a private Advocate and it is his desire to work out his Appeal through a private Advocate, he is permitted to engage services of a private Advocate. He shall file Vakilpatra of his Advocate within a period of 4 weeks from today.

3.

Learned counsel Mr. Ashish Gabhale appears before the Court and states that he will be filing his Vakilpatra for the Applicant/Appellant.

4.

Permission is granted.

5.

We have observed that in many cases that the Appeals are filed with the help of Legal Services Authority of this Court. But subsequently, the Appellants want to engage private Advocates. In such cases, it is not necessary that the matters be placed before the Court for directions. Legal Services Authority

3 / 3 of this Court cannot have any objection for appointment of private Advocates by the Appellants. Therefore, in all such cases, unless there are extra-ordinary reasons, the Appellants whose Appeals are filed through Legal Aid Counsel, but who want to engage private Advocates, shall be permitted by the Legal Services Authority and the Registry to engage private Advocates. The Vakilpatra of such private Advocates shall be accepted by the Registry and the Department without any NOC from the Legal Aid Counsel.

6.

The copy of this order be sent to the Legal Services Authority of this court.

7.

For further consideration, the Criminal Appeals be listed on 03/09/2025.

8.

Interim Application No.2081 of 2025 is disposed of. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)