Sameer S/O Chandbhai Pathan vs The State Of Maharashtra
2022 Latest Caselaw 998 Bom

                                                      963-CriAppeal-220-2021
                                      -1-

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     963 CRIMINAL APPEAL NO. 220 OF 2021

                     SAMEER S/O CHANDBHAI PATHAN
                                   VERSUS
                       THE STATE OF MAHARASHTRA
                                     .....
                 Advocate for Appellants : Mr. Shermale K. N.
                  APP for Respondent-State : Mr. S. J. Salgare
                Advocate for Respondent No.2 : Mr. S. K. Shinde
                                     .....

                               CORAM : V. K. JADHAV AND
                                       SANDIPKUMAR. C. MORE, JJ.

DATED : 27th JANUARY, 2022

PER COURT:-

1. Though we have heard the criminal appeal finally and reserved

it for judgment, however, the counsel for respondent no.2 was not

given opportunity of being heard for the reason that his appearance

was not shown in the file. Thus, this criminal appeal is taken on board

again.

2. Learned counsel for respondent no.2 submits that he is

impleaded as respondent no.2 in the criminal appeal only for the

reason that the trial court has granted compensation of Rs.40,000/- to

respondent no.2 out of the realized fine amount. Learned counsel

submits that the appellant has not deposited the fine amount and

963-CriAppeal-220-2021

consequently, the compensation as directed by the trial court,

remained unpaid. Learned counsel submits that except this, he has

nothing to say on merits since learned APP has already argued the

matter on merits. Learned counsel submits that his role is to assist the

learned APP and in view of the same, learned counsel submits that

the judgment and order of conviction passed by the trial court may be

confirmed and the appeal may be dismissed.

3. Learned counsel Mr. Shermale submits that the appellant is in

jail since 2014 and therefore, he has not deposited the fine amount.

4. Reserved for judgment.

(SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.) vre