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2022 Supreme(Bom) 1428

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sadhana S. Jadhav, Milind N. Jadhav, JJ.
Babi Krushna Pawar - Appellant
Versus
The State Of Maharashtra - Respondent
Criminal Appeal No. of 2022
Decided On : 30-03-2022

Advocates appeared:
Mr. Pawan Mali, Advocate, for the Appellant.

Exemption from filing certified copy of judgment for legal aid appointed advocates.

Headnote:

Legal Aid - Exemption from Filing Certified Copy of Judgment - The court exempted the appointed advocate from filing a certified copy of the judgment and allowed the papers to be accepted and registered for appeal without the certified copy.

Fact of the Case:

The appointed advocate was not given a certified copy of the judgment by the Legal Aid Services Authority, leading to the office not accepting the appeal papers.

Finding of the Court:

The court exempted the appointed advocate from filing the certified copy of the judgment and directed the office to accept and register the appeal papers.

Issues: Non-acceptance of appeal papers due to lack of certified copy of judgment.

Ratio Decidendi: 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.

Final Decision: The court directed that the appointed advocate is exempted from filing the certified copy of the judgment and ordered the office to accept and register the appeal papers.

ORDER

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 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.

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.

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