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Not filing certified copy of judgment can’t be impediment to register appeals

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2022

Babi Krushna Pawar . Appellant

Versus

The State of Maharashtra . Respondent

Mr. Pawan Mali, Advocate for the Appellant.

CORAM: SMT. SADHANA S. JADHAV & MILIND N. JADHAV,J.

DATE MARCH 30, 2022.

P.C.

1. Not on Board. On mentioning taken on Board.

2. The Legal Aid Services Authority of the High Court had appointed Advocate Mr. Pawan Mali to espouse the case of Appellant – Babi Pawar is convicted by the Judgment and Order dated 04.08.2017 by the Additional Sessions Judge Alibag for the offence punishable under Section 302 and 324 of the Indian Penal Code. The Legal Aid Services Authority had supplied photocopy of the judgment in Sessions Case No.41 of 2016 to the learned counsel who is appointed for espousing the case of the Appellant.

3. The learned counsel Mr. Pawan Mali has strenuously prepared the Appeal Memo along with the Application for condonation of delay.

It appears that the office has not permitted him to file the Appeal and mentioning.doc Application, rather has not accepted his papers on the ground that he has not furnished the certified copy of the impugned judgment.

In fact the learned counsel was never given a certified copy of the said judgment by the Legal Aid Services Authority.

4. In view of this, the learned counsel Mr. Pawan Mali is exempted from filing of the certified copy of the judgment and order in Sessions Case No.41 of 2016. Office to accept the papers and register the same as in other proceedings.

See also  Basic principles to decide application for condonation of delay

5. These directions would be applicable to all Advocates who are appointed either by the Court or by the Legal Aid Services Authority.

Non-filing of the certified copy of the judgment shall not be an impediment to accept the papers and register the Appeals by the office.

[ SMT. SADHANA S. JADHAV,J. ]1 [ MILIND N. JADHAV, J. ]

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