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CR.MA/1264620/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12646 of 2009
In
CRIMINAL
APPEAL No. 2171 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
SURESHBHAI
TRIKAMBHAI PATEL - Respondent(s)
=========================================================
Appearance
:
MR
LB DABHAI, APP for Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/05/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE JAYANT
PATEL)
1.
Pursuant to the earlier order passed by this Court, office has
placed the papers of Criminal Appeal No.2099 of 1999 which is
preferred by the accused against the order of conviction. It further
appears that on the website the status of the appeal is shown as
pending whereas the original record shows that if the office
objection is not removed on or before 16.12.2009 the matter will
stand dismissed for want of prosecution. Therefore it is not known
as to whether it is known to the learned advocate Mr.R.J.Goswami that
the appeal has been dismissed for want of prosecution due to
non-removal of office objection or not. It has not come on record
whether the appellant is aware about the same or not since he is
at present in Central Jail at Sabarmati. If he is unable to engage
the advocate, the State will have to make appropriate arrangement for
engaging the advocate on panel through Legal Aid.
2. Hence,
we direct the issuance of notice to the accused Sureshbhai
Trikambhai Patel (appellant in Criminal Appeal No.2099 of 2009),
presently at Central Jail, Sabarmati, to submit as to whether he
desirous to continue with the same advocate Mr.Goswami or he desirous
to take help of State Legal Aid for engaging another advocate. Hence
the matter stands adjourned to 22nd June, 2010.
3. Office
also to show the name of learned advocate Mr.R.J.Goswami on that day
as advocate of appellant in Criminal Appeal No.2099 of 2009.
(JAYANT
PATEL, J.)
(Z.K.
SAIYED, J.)
syed/
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