Sandeep Omprakash Singh And Anr vs The State Of Maharashtra
2021 Latest Caselaw 12370 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPEAL NO.518 OF 2012
                                    WITH
                             IA. NO.1280 OF 2020
                                      IN
                           APPEAL NO.518 OF 2012

Sandeep Omprakash Singh
& Another                                        ..        Appellants.
      v/s.
The State of Maharashtra                         ..        Respondent.

                                       WITH
                               APPEAL NO.218 OF 2017

Pravin Chabinath Singh                     ..    Appellant.
      v/s.
The State of Maharashtra                         ..        Respondent



Ms. Apeksha Vora, for the Appellants in Appeal No.518 of 2012.
Ms. Sakshi Jha i/b. Mr. Nitin Sejpal, for the Appellant in Appeal
No.218 of 2017.
Mr. Arfan Sait, APP for the Respondent-State in both the Appeals.

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

DATE : 1st SEPTEMBER, 2021.

P. C:-

1 A letter/ communication has been received by the Registry under the signature of Sandeep Omprakash Singh (Appellant No.1 I in Criminal Appeal No.518 of 2012) who is presently lodged in Kolhapur Central Prison, Kalamba.

S.R.JOSHI





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2                 It is stated in the letter that he is willing to change his

counsel and Ms. Vora be permitted to prosecute the appeal on his behalf. Ms. Vora who is present in the Court submitted that she is ready to prosecute appeal on behalf of Appellant No.1 pro-bono.

3 Considering the fact that the appeal is filed in the year 2012 and ready for hearing as well as considering the fact that Ms. Vora, learned Counsel is ready to prosecute the Appeal No. 518 of 2012 filed on behalf of Sandeep O. Singh, we permit Ms. Vora to prosecute the Appeal No. 518 of 2012.

4 In view of permission granted to Ms. Vora to represent Sandeep Singh, the office objection about filing of application for separation of appeal is waived.

5 Perusal of record shows that Accused Pravin C. Singh, Sandeep Singh and Ajay Keshav Singh were prosecuted for commission of an offences under Sections 363 and 364-A read with Section 34 of I. P. Code. It reveals that accused Pravin C. Singh was absconded during the pendency of trial and as such the trial proceeded against Sandeep O. Singh and Ajay K. Singh.

6 The learned Ad-hoc Judge, City Civil Court and Additional Sessions Judge, Greater Bombay vide a judgment and order dated 31st March, 2012, recorded the order of conviction and sentence to Sandeep O. Singh and Ajay Kesav Singh.

7 Being aggrieved by the judgment and order dated 31 st March, 2012 in Sessions Case No. 796 of 2010 in Appeal No. 528 of 2012 is filed in this Court.

S.R.JOSHI





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8                 Subsequently trial against the absconding accused -

Pravin C. Singh concluded in the year 2016 vide a judgment dated 29 & 30th November, 2016. Learned Additional Sessions Judge, Greater Bombay convicted Pravin C. Singh for commission of an offence under Section 364-A read with Section 34 of I.P. Code.

9 Being aggrieved, accused Pravin C. Singh preferred an appeal. The same is numbered as Criminal Appeal No.218 of 2017.

10 In so far as the judgment and order against Pravin C. Singh is concerned, learned Additional Sessions Judge, Greater Bombay, convicted the Accused for the offences punishable under Section 364(A) read with Section 34 of I. P. Code and sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs.10,000/- and out of said fine, pay an amount of Rs.8,000/- to victim Ashutosh Anthony Mendes as compensation.

11 The office raised an objection in Appeal No.218 of 2017 to the effect that the person concerned to whom compensation is awarded is not made a party in the appeal.

12 Considering the fact that both the above referred appeals arises out of the similar offences and they are ready for hearing, we deem it appropriate to dispense with the objections raised by the office.

13 It further reveals from the record that a private paper book is filed in Appeal No.218 of 2017. Today, Ms. Sakshi Jha, Counsel holding for Mr. Nitin Sejpal, who is present in the Court submitted that private paper book will be provided to learned APP

S.R.JOSHI

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within two weeks from today. The statement made by learned Counsel for the Appellant, is accepted as an undertaking to this Court.

14 Both these appeals be posted for hearing in the week commencing from 27th September, 2021.

(N.R.Borkar, J.) (Prasanna B. Varale, J.)

S.R.JOSHI