Naresh Shriram Uikey vs State Of Maharashtra, Thr. Police ...
2021 Latest Caselaw 10876 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR
               CRIMINAL APPLICATION (APPA) NO.252 OF 2021
                                  IN
                     CRIMINAL APPEAL NO.240 OF 2021
                                  Naresh Shriram Uikey
                                           VS.
           The State of Maharashtra, through PSO, PS Kurkheda Dist. Gadchiroli

Office     Notes,   Office                        Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                             Shri D.V. Chauhan, Advocate for the applicant.
                             Shri T.A. Mirza, APP for the non-applicant/State.



                                         CORAM : V.M. DESHPANDE AND
                                                 AMIT B. BORKAR, JJ.

DATE : 11.08.2021.

Shri D.V. Chauhan, learned counsel for the applicant who is appointed by the High Court Legal Aid Sub-Committee submits that present application for suspension of substantive jail sentence and grant of bail be further deferred for a period of two weeks. He furnishes reason for making this request is that he has applied for certified copies of the entire record and the certified copies are yet to be received by him.

2. Upon this the Court makes a query as to why he is required to file the application for obtaining certified copies. Upon that Shri Chauhan learned counsel for the applicant submits that when he was appointed by the

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High Court Legal Aid Sub-Committee only the copy of the judgment was furnished. He submits that no other paper pertaining to the Sessions Case No.3/2020, decided by learned Additional Sessions Judge, Gadchiroli dated 10.12.2020 were not supplied to him by the High Court Legal Aid Sub-Committee. He submits that in absence of the notes of evidence and all documents duly proved during the course of the trial, he will not be able to give the proper legal assistance not only to the applicant but also to the Court.

3. We appreciate the difficulty expressed by Shri D.V. Chauhan, learned counsel for the applicant. He also submits that as per his experience even in other matters also the High Court Legal Aid Sub-Committee is not furnishing all the documents to the other counsel who are appointed by the High Court Legal Aid Sub- Committee.

4. In our view, appointing a person from the member of the bar or the person who is on the panel of the High Court Legal Aid Sub-Committee to provide legal assistance to the needy person is not an mere formality. In absence of the necessary document, it will be rather difficult for such advocate to submit the case effectively before the Court. In our view, that is impediment in the administration of justice, in that view of the matter, we pass following order:-

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                                    (i)            The     High      Court     Legal      Aid     Sub-
                                    Committee        is    hereby       directed       to     provide

photocopy of the notes of evidence of all the prosecution witnesses examined. All the documents duly proved during the trial in Sessions Case No.3/2020 to Shri D.V. Chauhan, learned counsel for the applicant within a period of one week from today.

(ii) In future the High Court Legal Aid Sub- Committee is hereby directed to ensure that as soon as record is received in the Court, the photocopy of the same should be furnished to the respective counsel.

6. Place this matter on 30.08.2020.

                                           JUDGE                                     JUDGE

Manisha