This order addresses a delayed criminal appeal filed under Section 302 IPC. The court condones the 306-day delay and admits the appeal. The judgment involves procedural steps to handle the appellant's counsel changes and direct registry actions.
Delay condoned; appeal admitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR
Criminal Appeal No. of 2012 [Ramesh Mahadeo Pohankar Vs. State of Mah.]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr. K.R. Trivedi, Adv., for applicant-appellant [absent].
Mrs. T.D. Khade, APP for respondent.
CORAM : A.H. JOSHI AND SMT. SADHANA S.JADHAV, JJ.
DATE : 13th April, 2012.
1.On 20thMarch, 2012, this Court directed
production of the appellant in view of the fact that
Adv. Shri K.R. Trivedi had persistently remained
absent.
2.On 29th March, 2012, the appellant-prisoner was
produced.
3.This Court directed notice of show cause of
contempt and show cause as to why the matter should
not be referred to the Bar Council in relation to
failure of learned Adv. Mr. K.R. Trivedi to appear in
this Court on all four earlier dates.
4.On 30th March, 2012, learned Adv. Mr. K. R.
Trivedi appeared, tendered apology and undertook to
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proceed with the matter. Appeal was, therefore,
ordered to be listed for hearing on today�s board.
5.Today, learned Adv. Mr. Trivedi is absent. We
direct that appearance of learned Adv. Mr. Trivedi be
discharged.
6.We appoint learned Adv. Mr. R.M. Patwardhan to
represent the appellant.
7.Registry is directed to supply copies of papers
to Adv. Mr. R.M. Patwardhan. If Mr. Patwardhan
requires additional documents to be included in the
paper book, he shall do so by filing a Purshis or a
letter of request, and office shall do it.
JudgeJudge
|Hedau|
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Application No.34 of 2012 IN
Criminal Appeal No. of 2012
[Ramesh Mahadeo Pohankar Vs. State of Mah.]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr. K.R. Trivedi, Adv., for applicant-appellant [absent].
Mrs. T.D. Khade, APP for respondent.
CORAM : A.H. JOSHI AND SMT. SADHANA S.JADHAV, JJ.
DATE : 13th April, 2012.
Heard.
Delay of 306 days caused in filing of appeal is
condoned, in the background of conviction and sentence
for the offence punishable under Section 302 of Indian
Penal Code.
JudgeJudge
|Hedau|
4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR
Criminal Appeal No. of 2012 [Ramesh Mahadeo Pohankar Vs. State of Mah.]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr. R.M. Patwrdhan, Adv. [appointed] for the appellant.
Mrs. T.D. Khade, APP for respondent.
CORAM: A.H. JOSHI AND
SMT. SADHANA S.JADHAV, JJ.
DATE : 13th April, 2012.
Heard.
Admit.
Call R & P.
Liberty to move for early hearing.
JudgeJudge
|Hedau|
2 issues framed by the court
Whether the delay of 306 days in filing the criminal appeal should be condoned given the conviction and sentence for murder.
Whether the appellant's appeal should be admitted.
1 provisions across 1 enactments
Ramesh Mahadeo Pohankar
State of Mah.
A.H. Joshi
Smt. Sadhana S.Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court