Appellate court appointed substitute Legal Aid counsel due to the original lawyer's absence and appointed pending criminal appeals to a final hearing board. Bail applications relying on the delay were disposed of.
Bail applications disposed of. Appellants added to board of final hearing commencing 20th February 2018.
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.
(18)APPANo.15642017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1564 OF 2017 WITH CRIMINAL APPLICATION NO.76 OF 2018 WITH CRIMINAL APPLICATION NO.317 OF 2017 IN CRIMINAL APPEAL NO.541 OF 2014
Pratap Bhimsingh Parera ... Applicant V/s. The State of Maharashtra ... Respondent
WITH
CRIMINAL APPEAL NO.253 OF 2015 WITH CRIMINAL APPLICATION NO.1106 OF 2017 IN
CRIMINAL APPEAL NO.253 OF 2015
Gandadhar Babaji Lenaka ... Applicant V/s. The State of Maharashtra ... Respondent
WITH
CRIMINAL APPEAL NO.313 OF 2014
Savita Pratap Parera ... Applicant V/s. The State of Maharashtra ... Respondent WITH
CRIMINAL APPEAL NO.433 OF 2014 WITH
CRIMINAL APPLICATION NO.848 OF 2015 IN
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Gaikwad RD
(18)APPANo.15642017
CRIMINAL APPEAL NO.433 OF 2014
Santoshi Santosh Pradhan ... Applicant V/s. The State of Maharashtra ... Respondent
Ms.Ameeta Kuttikrishnana, Advocate for the Appellant/Applicant in APEAL/253/2015 and APPA/1106/2017.
None for the Appellants/Applicants in APEAL/541/2014, APEAL/313/2014, APEAL/433/2014, APPA/848/2015 APPA/1564/2017, APPA/76/2018, APPA/317/2017
Mr.V.V.Gangurde, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 12th FEBRUARY 2018.
P.C. :
1 It is seen from the record that Mr.Rupali Shinde, the learned Advocate on the Penal of Legal Aid of this Court was appointed by this Court to represent appellant/accused Savita Parera, Pratap Parera and Santoshi Pradhan. Ms.Rupali Shinde is absent. It is reported that Ms.Rupali Shinde has been appointed as Additional Government Pleader. This appears to be the cause for remaining absent before this Court.
2 It is seen that Ms.Amita Kuttikrishnan has been appointed by this Court to represent co-appellant Gandadhar Lenaka in a Criminal Appeal No.253 of 2015.
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Gaikwad RD
(18)APPANo.15642017
3 As Ms.Rupali Shinde the appointed Advocate is absent and as the appellant/accused are behind bars from 12/05/2011, Ms.Amita Kuttikrishnana, the learned Advocate on the Penal of the Legal Aid of this Court is appointed to represent appellants/accused Savita Parera, Pratap Parera and Santoshi Pradhan at the cost of the State.
4 All these appellants are behind bar from 12/05/2011 and they have undergone more than five years of substantive sentence imposed on them. The appeals are overdue for final hearing as the appeals are virtually completing the substantive part of the imprisonment imposed on them by the learned trial Court. Hence, all these appeals be added to the board of final hearing commencing from 20th February 2018.
5 As Criminal Appeals are added to the board of final hearing commencing from 20th February 2018, bail applications as well as applications for early hearing bearing Criminal Application Nos. 1106 of 2017 in Criminal Appeal No.253 of 2015, 848 of 2015 in Criminal Appeal No.433 of 2014 and 1564 of 2017, 76 of 2018 and 317 of 2017 in Criminal Appeal No.541 of 2014 filed by the applicants/appellants mainly on the ground that their appeals are not heard by this Court stand disposed of.
(A.M.BADAR J.)
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Gaikwad RD
Pratap Bhimsingh Parera
The State of Maharashtra
Gandadhar Babaji Lenaka
Savita Pratap Parera
Santoshi Santosh Pradhan
Gaikwad RD
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
