Bombay High Court
Omprakash Shatrughan Prasad ... vs The State Of Maharashtra on 27 February, 2023
Bench: S. V. Kotwal
1 of 3 7-apeal-1518-04
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1518 OF 2004
Omprakash Shatrughan Prasad Singh & Ors. ..Appellants.
Versus
The State of Maharashtra & Anr. ..Respondents
__________
Mr. Omkar Nagekar for Appellants.
Mr. S. R. Agarkar, APP for State/Respondent No.1.
Mr. Omprakash S. Prasad Singh, Appellant No.1 present in person.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 27 FEBRUARY 2023
PC :
1. This appeal is pending since 2004. The appellants are
already acquitted by learned Special Judge, Greater Mumbai vide
his Judgment and order dated 08/10/2004 passed in SC/ST
Special Case No.10 of 2001. The appellant Nos.1 and 2 have sent a
letter to the Registry of this Court seeking permission to appoint a
new advocate in this Criminal Appeal No.1518 of 2004. It is
mentioned in the letter that, they are not in contact with their
advocate on record Shri. Subhash Dhadge and they are not aware
of his whereabouts. The letter also contains a request for
Digitally
signed by
permitting learned Advocate Shri. Omkar Nagvekar to represent
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2023.02.28
10:43:03
+0530
Gokhale
2 of 3 7-apeal-1518-04
the appellants in this case. The letter is accompanied with a copy
of the death certificate of the Appellant No.3. Advocate Shri.
Omkar Nagvekar is present before the Court. He submitted that he
is willing to appear in this Appeal for the appellants, however, in
the absence of 'no objection' from the earlier advocate on record
he is unable to file his Vakilpatra. The Appellant No.1 is also
present in the Court. He submits that, in spite of genuine efforts,
the Advocate on record could not be contacted.
2. The difficulty of the appellants appears to be genuine.
The Appellant No.1 has taken responsibility to instruct his
advocate on record that he desires that Advocate Shri. Omkar
Nagvekar appears in this case. Considering these submissions and
in the interest of justice, it is necessary that the Appeal is decided
at the earliest. Learned Advocate Shri. Omkar Nagvekar, as well as,
the Appellant No.1 have stated before the Court that the matter is
settled between the parties. In this situation, pendency of this
Appeal is really unnecessary. It can be disposed of.
3. Hence, the following order:
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ORDER
i) Learned Advocate Shri. Omkar Nagvekar is
permitted to file his Vakilpatra in this Appeal
representing the surviving Appellant Nos.1 and 2.
ii) The Appellants are at liberty to file any other
application, which is necessary for disposal of the
Appeal, pointing out the settlement between the
parties.
iii)The matter to proceed further.
iv) The Appellants are at liberty to seek fresh
circulation of this Appeal for final disposal.
(SARANG V. KOTWAL, J.)
