Rahul Babasaheb Darkunde vs The State Of Maharashtra
2021 Latest Caselaw 13076 Bom

                                1                 11-CRI.APPLN-1116-2021

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

           11 CRIMINAL APPLICATION NO.1116 OF 2021
    IN APEAL/19/2021 WITH APEAL/18/2021 WITH APEAL/19/2021
 WITH APEAL/20/2021 WITH APPLN/1268/2021 IN APEAL/18/2021 WITH
               APPLN/1418/2021 IN APEAL/19/2021


                          RAHUL BABASAHEB DARKUNDE
                                    VERSUS
                          THE STATE OF MAHARASHTRA

                  Advocate for Applicant : Mr Satish A. Gaikwad
                 APP for Respondent-State : Mr G.O. Wattamwar


                                CORAM : V.K. JADHAV AND
                                        SHRIKANT D. KULKARNI, JJ.

                                DATE     :   14th SEPTEMBER, 2021


 PER COURT :

 1.           Heard both the sides.

2. In view of the ratio laid down by this Court in case of Bhaskar

Pandit Kadam and Anr. Vs. State of Maharashtra reported in 1984 (2)

Bom.C.R. 769, whenever there is one appeal irrespective of number of

applicants, only one advocate can appear in support of the appeal and two

advocates cannot appear for two different appellants in the same appeal.

However, if one of the appellants wants to engage a different advocate in

an appeal, which has already been filed or admitted, an application for

separating the appeal of that person must be necessarily made. On that

application, a separate application be registered by office. Then, there

would be two appeals which can be supported by two different advocates

appearing.

3. In the instant matter, the original accused Nos. 5, 6 and 7 have

2 11-CRI.APPLN-1116-2021

preferred the joint appeal bearing Criminal Appeal No. 19/2021 against the

judgment and order of conviction. However, by filing these two

applications, the applicant/accused No. 6 in Criminal Application No.

1116/2021 and the appellant/accused No. 5 in Criminal Application No.

1418/2021 request for separating the appeal.

4. In view of the ratio laid down in the case referred above, and

since the appellants/original accused Nos. 5 and 6 have engaged the

separate counsel to represent them, we direct the office to register

separate the appeals in respect of the said original accused Nos. 5 and 6.

There would be two appeals in addition to criminal appeal No. 19/2021

supported by the two different advocates appearing for them.

5. The criminal applications are accordingly allowed in terms of

prayer clause (B).

6. Both the criminal applications are accordingly disposed of.

7. Place the Appeals on 16.09.2021.

[ SHRIKANT D. KULKARNI, J. ] [ V.K. JADHAV, J. ]

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