Baban Popat Dangat vs The State Of Maharashtra
2021 Latest Caselaw 4461 Bom

                                                                                              6-apealst-5527.20.doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                         CRIMINAL APPEAL (ST) NO.5527 OF 2020
                                                        WITH
                                         INTERIM APPLICATION NO.1366 OF 2020
                                                        WITH
                                         CRIMINAL APPEAL (ST) NO.3584 OF 2020

                         Baban Popat Dangat                                    ... Appellant
                         V/s.
                         The State of Maharashtra                              ... Respondent
                                                        -------------------
                         Mr. Nitesh Mohite i/b. Mr. Satyavrat Joshi, for the Applicant/Appellant in
                         Apealst/5527/2020.
                         Ms. P.P. Shinde, APP for the Respondent - State.
           Digitally
           signed by

Pallavi M.
           Pallavi M.
           Wargaonkar
Wargaonkar Date:
                                                       ---------------------
           2021.03.10
           17:37:55
           +0530                                 CORAM : SMT. SADHANA S. JADHAV &
                                                         N.R. BORKAR, JJ.

DATED : 10th MARCH 2021.

P.C. :

CRIMINAL APPEAL (ST.) NO.3584/2020

1. The appellant had filed an application through jail before this Court challenging the judgment and order dated 3 rd February 2016 in Sessions Case No.773 of 2010 wherein he stands convicted for an offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. The applicant had sought legal aid. Hence, Advocate Mr. Kartik Garg was appointed by the Legal Aid to espouse the cause of the appellant. The learned Advocate Mr. Kartik Garg (appointed) filed Criminal Appeal (St.) No.3584/2020. He had filed an application

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seeking condonation of delay in filing the appeal. The delay was condoned by an order dated 29th October 2020. On the same day, the appeal was admitted.

2. Subsequently, on 2nd December 2020 Criminal Appeal (St.) No.5527 of 2020 was filed by the same convict through Advocate Mr. Satyavrat Joshi and Advocate Mr. Rohit Shevate and therefore, Criminal Appeal (St.) 3584/2020 was not registered. On the last occasion i.e. on 10 th February 2021, this Court had passed an order "that in view of the orders passed in the connected Appeal (St.) No.3584 of 2020, no order was required to be passed in Criminal Appeal (St.) No.5527 of 2020". It is clarified that since the appellant in both appeals is one and the same application for condonation of delay in Criminal Appeal (St.) No.5527/2020 would not be necessary. Appeal deserves to be admitted and registered.

3. In view of this, Criminal Appeal (St.) No.5527 of 2020 is admitted. Hence, Criminal Appeal (St.) No.3584 of 2020 is hereby detagged and stands disposed of.

CRIMINAL APPEAL (ST.) NO.5527/2020

. Criminal Appeal (St.) No.5527 of 2020 is admitted.

INTERIM APPLICATION NO.1366/2020 . In view of order passed in Criminal Appeal (St.) No.5527/2020 , Interim Application No.1366/2020 stands disposed of.

      (N.R. BORKAR, J)                    (SMT. SADHANA S. JADHAV, J)



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