Khadir Yousuf Shaikh vs The State Of Maharashtra
2023 Latest Caselaw 10280 Bom

                                 -1-            904-Cri.Appln.3223.2023

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

            CRIMINAL APPLICATION NO.3223 OF 2023
                   IN APEALST/8921/2023

                    KHADIR YOUSUF SHAIKH
                            VERSUS
                  THE STATE OF MAHARASHTRA

                                ...
      Advocate for Applicant : Mr. Anil P. Basarkar (Absent)
          APP for Respondent - State : Mr. A. M. Phule
                                ...

                       CORAM : SMT. VIBHA KANKANWADI AND
                               ABHAY S. WAGHWASE, JJ.

DATED : 5th OCTOBER, 2023

PER COURT :

1. At the first call at 10.30 a.m. and second call at 12.10

p.m., learned Advocate for the applicant was absent and, therefore,

the matter was kept in the afternoon session.

2. Again at the third call at 2.30 p.m. in second session,

learned Advocate for the applicant is absent. It has been informed

to this Court that the Bar Association has called out a strike.

3. Present application has been filed for getting delay of

45 days condoned in filing the appeal.

4. Learned APP waives notice on behalf of respondent.

5. Present applicant/appellant is the original accused no.1

-2- 904-Cri.Appln.3223.2023

in Sessions Case No.7 of 2020, who has been convicted by learned

Additional Sessions Judge, Omerga on 12.05.2023 after holding

him guilty of committing offence punishable under section 302 of

Indian Penal Code (IPC). He has been sentenced to suffer

imprisonment for life and to pay fine of Rs.5000/-, in default to

suffer simple imprisonment for six months.

6. It can be seen that present accused came to be arrested

on 20.12.2019 and it appears that he was never released on bail.

7. The present Advocate was required to be appointed

through Legal Aid to represent the applicant, and therefore, for the

reasons stated in the application, the delay stands condoned.

Application stands allowed and disposed of.

8. Registry is directed to verify and register the appeal.

9. Since the appeal is the right of the appellant and we feel

that the arguable points have been raised in view of the grounds

taken in the appeal memo, appeal stands admitted.

10. Call Record and Proceedings with paper book.

11. It can be seen from the impugned judgment that, the

compensation has been directed under section 357(1) of the Code

of Criminal Procedure to the mother of deceased Dilip Shinde, and

-3- 904-Cri.Appln.3223.2023

therefore, we direct the applicant/appellant to add her as a party

respondent in view of the decision in Emperor Vs. Chunilal

Bhagwanji, reported in AIR (29) 1942 Bombay 205(1). So also the

other office objection, except that the Vakalatnama is not filed, be

complied with.

12. Amendment to be carried out within a period of two

weeks. Thereafter, issue notice to the added respondent. Notice of

the added respondent and receipt of the Record and Proceedings

with paper book to be made returnable on 11.12.2023.

(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)

Tandale

Signed by: Manoj Tandale Designation: PA To Honourable Judge Date: 07/10/2023 17:06:13