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2007 Supreme(Bom) 1002

A.M.KHANWILKAR
Vilas Narsaiya Sandal – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared
Mr.Girish Kulkarni as amicus curiae for Appellant
in Cri.Appeal No.949/02.
Mr.P.P.Hudlikar with Mr.Agandsurve for Appellant
in Cri.Appeal No.779/02.
Mr.Y.S.Shinde, A.P.P. for Respondent No.1/State
in both matters.
Mr.R.F.Lambay, P.P. for Respondent No.2.

ORAL JUDGMENT :

1. Both these Appeals are being disposed of by this common Judgment. Appeal No.779/02 is filed by accused No.1, whereas, Appeal No.949/02 is filed by accused No.4. Accused No.4 had presented this Appeal through Advocate Shri K.M.Villkhoo. However, when this Appeal reached for hearing on August 24, 2006, it transpired that the said Advocate was unavailable. Accordingly, Court notice was issued to the accused No.4 to engage another Advocate on or before 7th September 2006, failing which, the Court would proceed to appoint Mr.Girish Kulkarni, Advocate, to espouse the cause of accused No.4 as amicus curiae. Notice so issued came to be duly served on accused No.4. Inspite of that, no other arrangement was made. As a result, Mr.Girish Kulkarni, Advocate was appointed as amicus curiae to espouse the cause of the accused No.4 and hearing of the Appeal was proceeded as the Appeals pertain to year 2002 and the accused was in jail.

2. The Appellants, along with two others, were tried by the Special Court at Solapur in Special Case No.18/94 for offence punishable under Sections 420, 468, 471, 477A r/w 120-B of the Indian Penal Code, 1860 (hereinafter referred to as ‘the I.P.C.’






































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