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Suraj Jaynarayan Jaiswal vs The State Of Mah.Thr.Pso Nagpur on 19 June, 2019

apeal717.04 16
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR

CRIMINAL APPEAL NO.717/2004
Suraj s/Sectiono Jaynarayan Jaiswal
..vs..
The State of Mah., thr. Police Station Officer, Police Station Butibori,
Nagpur

………………………………………………………………………………………………………………………………………………………………………
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions Court’s or Judge’s Order
and Registrar’s orders
………………………………………………………………………………………………………………………………………………………………………
Shri P.S.Tembhare, Addl.P.P. for the State.

CORAM : V.M.DESHPANDE, J.

DATED : JUNE 19, 2019.

1. By this appeal, appellant-Suraj s/o
Jaynarayan Jaiswal is challenging judgment and order of
conviction for offences under Sections 304B and Section498A of
the Indian Penal Code.

2. On 24.11.2004, the appeal was admitted
and the appellant was released on bail. The State also
preferred appeal i.e. Criminal Appeal No.37/2005 for
enhancement of punishment. Both the appeals are to be
decided together.

3. At the costs of the State, paper-book is
ready.

4. Learned Additional Public Prosecutor for the
State already collected the paper-book.

…..2/-

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apeal717.04 16
2

5. Though 3 weeks’ time was granted, learned
counsel Shri Sudeep Jaiswal for the appellant did not
collect the paper-book.

6. On 24.4.2019, the matter was listed before
this Court. On the said day also, learned counsel Shri
Sudeep Jaiswal for the appellant was absent. On that
day, though this Court could have readily appointed an
Advocate to represent the appellant, an opportunity was
given to learned counsel Shri Sudeep Jaiswal for the
appellant and the matter was placed after Summer
Vacations. It was observed by this Court in order dated
24.4.2019 that if in the meantime the paper-book is not
collected, the Court will appoint an Advocate from the
panel of the High Court Legal Services Sub Committee at
Nagpur to represent the appellant.

7. Today, the matter is listed with an office
note that learned counsel Shri Sudeep Jaiswal for the
appellant failed to collect the paper-book.

8. Learned Additional Public Prosecutor Shri
P.S.Tembhare for the State is present.

9. It appears that learned counsel Shri Sudeep
Jaiswal for the appellant is not interested in representing
the appellant who is on bail.

10. In this view of the matter, I appoint
Advocate Ms S.H.Bhatia, who is present in the Court and
on the panel of the High Court Legal Services Sub

…..3/-

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apeal717.04 16
3

Committee at Nagpur, to represent the appellant and
argue these two criminal appeals for and on behalf of
Advocate Shri Sudeep Jaiswal.

11. Advocate Shri Sudeep Jaiswal is discharged
from the proceedings.

12. Registry is directed to furnish copy of paper-
book to learned counsel Ms S.H.Bhatia for the appellant
within a period of 10 days from today.

13. At the request of learned counsel Ms
S.H.Bhatia for the appellant, put up these criminal
appeals for final hearing in week commencing from 22nd
July, 2019.

JUDGE
!! BRW !!

…../-

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