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1990 Supreme(SC) 33
SUPREME COURT OF INDIA
M.H. KANIA AND KULDIP SINGH, JJ.
Dr. Jainendrakumar Vijaykumar Badjate, Appellant
Versus
State of Maharashtra, Respondent
Criminal Appeal No. 32 of 1990 (arising out of S.L.P. (Cri.) No. 1288 of 1989), D/- 22-1-1990.
Headnote:COUNSEL APPOINTED BY COURT NOT APPEARING ON THE DATE OF HEARING—APPEAL DISPOSED WITHOUT HEARING THE ACCUSED.
JUDGMENT
Leave granted. Counsel heard.
2. We find that Criminal Appeal No. 25 of 1986 has been decided without the learned councel of the appellant (accused ) who was appointed by the Court not being present. We do not wish to enter into the question as to why the councel was not present. That is a matter which can be considered by appropriate authorities, if they thing fit. In the circumstances, however, we set aside the judgement of the High Court and direct that the Criminal Appeal No.25 of 1986 shall be heard afresh by the High Court. The appellant states that he will engage his own counsel at his own costs.
3. The appeal is allowed as aforesaid with no order as to costs.
Appeal allowed.
For Citation : AIR 1990 SC 1224
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