Kailash S/O Vithal Waghmare vs The State Of Maharashtra
2023 Latest Caselaw 11113 Bom

                                                                          16-apeal-614-2018.odt




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD


                           CRIMINAL APPEAL NO.614 OF 2018

                           KAILASH S/O VITHAL WAGHMARE
                                      VERSUS
                            THE STATE OF MAHARASHTRA

                                       ...
    Advocate for Appellant : Mr. Amit Tandulkar h/f Mr. Kadam Gajanan G.
                 APP for Respondent - State : Mr. A. M. Phule
                                       ...
                                     CORAM :      SMT. VIBHA KANKANWADI AND
                                                  ABHAY S. WAGHWASE, JJ.

                                     DATE   :     30th October, 2023.

ORDER :-

.       Learned Advocate Mr. Amit Tandulkar holding for learned Advocate

Mr. Gajanan Kadam submits that learned Advocate Mr. Kadam had taken no

objection from the earlier Advocate and filed the Vakalatnama, but he had

not received the paper-book. In fact, it is a sorry state of affairs. We have

checked the Vakalatanama by which learned Advocate Mr. Kadam appeared

in the matter. It was filed on 19.03.2019. The accused is in jail and we are

aware that the learned Advocate for the appellant might be knowing this

fact when he accepted the Vakalatnama. If we consider the record further

it appears that the accused came to be arrested on 21.08.2014 and when he

was in custody, the case was committed by the learned Magistrate to the

Court of Sessions and thereafter, it appears that till the judgment was

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16-apeal-614-2018.odt

pronounced convicting him on 26.10.2016, he was under trial. Even the

copy of the jail warrant clarifies all this position and still it is stated that the

learned Advocate for the appellant has not collected the paper-book.

Absolutely no reasonable ground has been shown for adjourning the

matter, yet the appellant should not suffer and therefore, as a last chance,

we are adjourning the matter.

2. Place the matter for further consideration on 08.11.2023.

3. Learned Advocate for the appellant may, in the meantime, collect the

paper-book.

4. No adjournment will be granted on that day and if he fails to appear,

then the appellant would be given legal aid.

[ ABHAY S. WAGHWASE ]                            [ SMT. VIBHA KANKANWADI ]
       JUDGE                                                JUDGE


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