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Bombay High Court

SAMIUDDIN JAMALUDDIN SHAIKH THROUGH HIS POA ZAKIUDDIN JAMALUDDIN SHAIKHversusUNION OF INDIA AND ANR

Decided
Disposal
Dismissed for non-complying conditional Order

Holding

The Court held that failure to file the spare copies within two weeks will result in dismissal of the appeal.

Summary

In Criminal Appeal No. 331 of 2026, appellant Samiuddin Jamaluddin Shaikh filed an appeal against the Union of India and others. The High Court of Bombay, comprising Judges A.S. Gadkari and Kamal Khata, issued a procedural order on 22 June 2026. The Court directed that a notice be issued to Respondent No.1, to be returned by 10 August 2026. Respondent No.2 (the State) waived service of notice through its advocate, Smt. P.P. Shinde. The appellant was ordered to file spare copies of the appeal in the Registry within two weeks, failing which the appeal would be dismissed without further reference. The order was digitally signed by the judges on 29 June 2026.

Issues considered

  • Whether the appellant has complied with the procedural requirement of filing spare copies of the appeal within the stipulated time
  • Effect of waiver of notice by the State on the continuation of the appeal

Subjects

  • criminal appeal
  • procedural order
  • notice
  • waiver
  • court registry
  • dismissal

Judgment

              ssm                                                      11-apeal331.2026.doc

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                   CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL APPEAL NO. 331 OF 2026

         Samiuddin Jamaluddin Shaikh                                   …..Appellant

                   Vs.

         Union Of India & Anr.                                         …..Respondents

                                 ____________________________________

         Mr. Kamran Shaikh for the Appellant.
         Smt. P. P. Shinde APP, for the Respondent-State.
                            ____________________________________

                                               CORAM :     A. S. GADKARI AND
                                                           KAMAL KHATA, JJ.
                                                 DATE :    22nd JUNE, 2026.

         P.C.:-

         1)                  Issue notice to Respondent No.1, returnable on 10 th August,

         2026.

         2)                  Smt. Shinde, learned APP waives notice on behalf of

         Respondent No.2-State.

         3)                  Learned Advocate for the Appellant is directed to supply spare

         copies of the Appeal in the Registry within a period of two weeks from

         today, failing which the Appeal shall stand dismissed without further

         reference to this Court.



                      (KAMAL KHATA, J.)                          (A.S. GADKARI, J.)

          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA                                                                           1/1
SHARNAPPA MASHALKAR
MASHALKAR Date:
          2026.06.29
          12:29:03 +0530


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