Citation : 2021 Latest Caselaw 8137 Bom
Judgement Date : 19 June, 2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 68 OF 2020
WITH
INTERIM APPLICATION NO. 1350 OF 2019
IN
CRIMINAL APPEAL NO. 68 OF 2020
Anuj Arjun Pawar ...Appellant/Applicant
Versus
The State of Maharashtra ...Respondent
.....
None for the Appellant/Applicant.
Ms. M. M. Deshmukh, APP for the State.
CORAM : PRASANNA B. VARALE AND
SURENDRA P. TAVADE, JJ.
DATE : 19th JUNE, 2021. P.C. :
1. Perusal of the record show that the appeal is preferred against
the Judgment and Order passed by the learned Additional Sessions
Judge-2, Sangli in Sessions Case No. 29 of 2013 dated 16 th July,
2019. On receipt of appeal forwarded through prison, it was revealed
that there is a delay and by the order dated 9 th December, 2019 delay
of 34 days has been condoned. By the order dated 9 th December,
2019, the Division Bench of this Court was pleased to direct the
registry to appoint an advocate from the legal aid panel for espousing
the cause of Applicant. The perusal of record further shows that
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learned Advocate Mr. Aditya Bapat is already appointed to represent
the cause of the Appellant through legal aid services committee. It
seems that till date, the learned Counsel appointed for the Appellant
has not fled an appeal memo. The learned Counsel appointed for the
Appellant is granted two weeks time to fle an appeal memo in the
registry.
2. Appeal is admitted. Call for record and proceedings.
3. The learned Counsel appointed for the Appellant is permitted to
fle a proper appeal memo within two weeks from today and to submit
the same in the registry. Needless to state that the learned Counsel
appointed for the Appellant to supply copy of the appeal memo to the
office of Public Prosecutor.
4. As the perusal of Judgment and Order passed by the learned
Additional Sessions Judge shows that the compensation is awarded
to the family of victim-girl under Section 357(3) of Cr.P.C and it is
further directed that on recovery of the fne amount to the tune of Rs.
75,000/-, an amount of Rs. 70,000/- be paid to the father of victim-girl
PW- 11 Sudam Baburao Chavan and amount of Rs. 5000/- be
credited to government. Considering these facts, we deem it
appropriate to permit the learned Counsel appointed for the Appellant
to add the father of victim PW-11 Sudam Baburao Chavan as party
Respondent No. 2 to the appeal.
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5. Issue notice to the added Respondent No. 2, making the same
returnable within six weeks from today.
(SURENDRA P. TAVADE, J.) (PRASANNA B. VARALE, J.)
R.V.Patil
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