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2008 Supreme(Bom) 936

B.H.MARLAPALLE, R.Y.GANOO
Prakash Pralhad Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. V.T. Tulpule with Mr. Umesh Mankapure for petitioner
Mr. Ravi Kadam, Advocate General, with Mr. D.S. Mhaispurkar, APP for State
Mr. K.K. Singhvi, Senior Advocate, with Mr. A.P. Mundargi, Senior Advocate i/by Mr. Sudatta Patil and Mr.S.B. Shetye for respondent no.7
Mr. Nitin Jamdar i/by Mr. Vijay Killedar for respondent no.8

JUDGMENT

1. Heard Mr. Tulpule with Mr. Mankapure the learned counsel for the petitioner.

2. Rule. Respondents waive service. Th petition has been finally heard.

3. The petitioner has challenged the order dated 12/10/2007 issued by the Government of Maharashtra through the Department of Law and Judiciary in exercise of its powers under Section 24(8) of the Code of Criminal Procedure, 1973 and by the said order the respondent no.7 has been appointed as "Special Public Prosecutor" for conducting Sessions Case No. 41 of 2006 pending before the Sessions Court at Islampur in Sangli District. By a subsequent order dated 18/12/2007 issued through the Department of Home, the State Government has fixed the professional fees and directed to be paid from the Government funds as under:-

(a) Per day appearance : Rs.15,000/-

(b) Consultation (for everyday) : Rs. 3,000/- (subject to maximum of Rs.15,000/-).

(c) Lodging and Boarding, per : Rs.3,500/- day.

4. The appointment has been challenged on various grounds and it has been mainly stated that the same is not in keeping with the scheme of Section 24 (8) of Cr.P.C. read with Rule 22 of the Rule

















































































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