Dattatraya Shankar Patil And Ors vs The State Of Maharashtra
2022 Latest Caselaw 6382 Bom

                                                                    Appeal-708/16.




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL APPEAL NO. 708 OF 2016
                              with
               INTERIM APPLICATION NO. 1451 OF 2022
                               IN
                 CRIMINAL APPEAL NO. 708 OF 2016


Dattatraya Shankar Patil                           ...Appellants.
             Versus
State of Maharashtra.                              ..Respondent.

Mr. Anush Shetty i/by Dr. Yug Mohit Chaudhry, Advocate for the
Appellant/ Applicant.
Mr. Nitesh Nevshe, appointed through legal aid for appellants.
Mr. H.J. Dedhai, APP for the Respondent-State.


                                   CORAM : PRASANNA B. VARALE &
                                           SHRIKANT D. KULKARNI, JJ.

Date : July 6, 2022.

P. C. :

1. The present appeal is filed at the instance of original

accused nos.1 to 3, i.e., Dattatraya Shankar Patil, Shankar Dnyandeo Patil

and Paravati Shankar Patil, challenging the judgment and order passed

by the Additional Sessions Judge, Kolhapur in Sessions Case No.148 of

2013. An application was filed in this Court bearing Criminal Application

No.963 of 2019 for certified copy of the paper book. On the said

application, the Division Bench passed an order dated 26 th August 2019

whereby learned counsel Mr. Nitesh Neveshe was appointed to represent Digitally signed by SACHIN patilsr SACHIN RAMCHANDRA 1/ 3 RAMCHANDRA PATIL PATIL Date: 2022.07.07 18:36:20 +0530 Appeal-708/16.

all the accused in Criminal Appeal No. 708 of 2016. It seems that the

order dated 26th August 2019 was not communicated to the appellants.

As such, one of the appellants-accused - Dattatraya Shankar Patil filed an

application bearing Interim Application No. 1451 of 2021 for suspension

of his sentence and grant of bail through Advocate Ms. Rebecca

Gonsavlez. Thus, there seems to be communication gap.

2. Be that as it may, today learned counsel Mr. Anush Shetty

holding for Mr. Yug Mohit Choudhary submitted that recently counsel Mr.

Yug Mohit Choudhary is engaged by the appellants to prosecute the

present appeal. Learned counsel Mr. Anush prayed for two weeks time

to file power / vakalatnama for the appearance on behalf of the

appellants-original accused persons.

3. At the request of learned counsel Mr. Anush Shetty holding

for Mr. Yug Mohit Choudhary, two weeks time is granted to file power/

vakalatnama. On filing power / vakalatnama by Mr. Yug Mohit

Choudhary, the appointed Advocate Mr. Nitesh Nevshe stands

discharged from the matter.

4. Interim application No. 1451 of 2022 to be heard at the

time of hearing of appeal itself.

5. As we have found that there was some communication

patilsr 2/ 3 Appeal-708/16.

gap, the Registry to inform today's order to the appellant-accused

Dattatray Shankar Patil, who is presently lodged in Kalamba Central

Prison, Kolhapur.

6. Adjourned to 20th July 2022.

          [Shrikant D. Kulkarni, J.]            [Prasanna B. Varale, J.]




patilsr                                                                    3/ 3