Ashish Bharat Jadhav vs The State Of Maharashtra
2022 Latest Caselaw 5991 Bom

                                                                                               7.Cr.APEAL.538.2014.doc




UMESH
SHRINIWAS
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MALANI                                         CRIMINAL APPELLATE JURISDICTION
Digitally signed by
UMESH SHRINIWAS
MALANI
Date: 2022.06.29
10:15:45 +0530                                  CRIMINAL APPEAL NO. 538 OF 2014

                      Ashish Bharat Jadahv                                         ...Appellant

                                Versus

                      The State of Maharashtra & Anr                               ...Respondents

                                                                    ***
                       Mr. Priyal G. Sarda for the Petitioner.
                       Mr. H.J. Dedhia, APP, for the Respondent - State.
                                                                ***

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

DATE : JUNE 28, 2022.

P. C. :

1. Perusal of record shows that at the time of filing of the Appeal the wife

of the deceased was not made party Respondent to the Appeal. Learned Additional

Sessions Judge, Pune in its judgment and order of conviction dated 26 th April, 2014

directed that if any fine amount is paid, the same be granted as a compensation to

the widow and children of the deceased. Accordingly, the awardee of the

compensation i.e., Smt. Naina Shivprasad Naik is made party Respondent No. 2 to

the Appeal and notice was issued to Respondent No. 2.

2. Till date, service report of notice is not received as such, we deem it

appropriate to seek a report through learned APP. Learned APP to seek report from

the Sr. P.I or Incharge Officer of Warje Malwadi Police Station, Pune by serving

intimation notice to Respondent No. 2 - Naina S. Naik about the pendency of the Umesh Page 1 of 2

7.Cr.APEAL.538.2014.doc

Appeal before this Court. The notice may also indicate that till date the Respondent

No. 2 had not engaged the Counsel on her behalf. Accordingly, Respondent No. 2

may engage a Counsel of her choice to participate in the present Appeal and if

Respondent No. 2 due to any difficulty is unable to engage any Counsel, then the

legal assistance would be provided to her through Legal Aid Service Authority.

3. Accordingly, the said intimation notice be served on Respondent No.

2 and report be obtained along with the statement of Respondent No. 2.

4. Report be placed before this Court within two weeks from today.

5. Post the Appeal for further consideration on 26th July, 2022.

6. All concerned shall act upon a copy of this order which is duly

authenticated by the Registry of this Court.

(SHRIKANT D. KULKARNI, J.)                            (PRASANNA B. VARALE, J.)




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