Vijay Shivaji Mane vs The State Of Maharashtra
2021 Latest Caselaw 9555 Bom

                      Shubhada S Kadam                                            5 IA 1587.2021.doc

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                            CRIMINAL APPEAL NO.53 OF 2020
                                                      along with
                                         INTERIM APPLICATION NO. 1587 OF 2021
                                                         and
                                         INTERIM APPLICATION NO. 853 OF 2019

                      Vijay Shivaji Mane                                    .... Appellant
                           Versus
                      The State of Maharashtra                              .... Respondent

                      Mr. Amin Solkar, advocate for the applicant/appellant.
                      Mr. Arfan Sait, APP for the State.


                                                    CORAM : PRASANNA B. VARALE &
                                                            N. R. BORKAR, JJ.

                                                    DATE     : 20th JULY, 2021.


                      P.C. :

1. Mr. Solkar, learned counsel for the appellant was fair enough

to submit before this Court that there was an order passed by this Court

on 11th December, 2019, whereby the counsel appointed for the appellant

was permitted to take necessary steps so as to implead

victim/complainant as party respondent since compensation is awarded

under the impugned order. Mr. Solkar, learned counsel submitted that

Digitally signed by probably the amendment was not carried out within the stipulated period SHUBHADA SHUBHADA SHANKAR

and as such, till today, there is no compliance of the order of this Court SHANKAR KADAM KADAM Date:

2021.07.22 11:21:36 +0530

dated 11th December, 2019. Mr. Solkar further submitted that he will go

through the record and would take necessary steps.

Shubhada S Kadam 5 IA 1587.2021.doc

2. In view of the facts that the learned counsel was appointed to

represent the appellant and certain necessary steps were remained to be

taken by the counsel appointed, we deem it appropriate to discharge the

learned counsel appointed for the appellant and we further permit

Mr. Solkar, learned counsel to represent the cause of the appellant in the

appeal itself. Mr. Solkar, learned counsel for appellant, submitted that he

may be permitted to file a fresh appeal memo raising necessary grounds

of challenge to the judgment and order of conviction. Accordingly, we

grant two weeks' time to Mr. Solkar, learned counsel, to file a fresh

appeal memo in this Court, needless to state that by adding the

complainant as respondent No.2 in the appeal.

3. On carrying the above-said amendment within two weeks, the

Registry is directed to issue notice to the added respondent, making the

same returnable on 10th August, 2021. Learned counsel for the appellant

is permitted to serve the added respondent by way of legally permissible

mode of service apart from Court notice and, thereafter, place on record

affidavit-of-service to the effect on or before next date.

( N. R. BORKAR, J.) (PRASANNA B. VARALE, J.)