Bombay High Court

SACHIN FAKIRCHAND ZINE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court allowed the application, appointing counsel and ordering the Legal Services Authority to pay the counsel's fee.

Summary

The applicants filed a criminal application seeking the appointment of counsel after their dispute was settled through a divorce decree dated 05.01.2026. Both parties, represented by their respective advocates, informed the court that the divorce petition had been decreed and that there was no objection to the relief sought. The respondent No.2's counsel also expressed no objection to the application. Consequently, the court allowed the application as per prayer clause C, directing that the fee of Rs.10,000 for the appointed counsel be paid by the High Court Legal Services Authority, Sub‑Committee, Aurangabad. The order reflects the court's discretion to grant legal aid in settled matters where representation is still required.

Issues considered

Whether the court may appoint counsel and order payment of legal aid fees in a criminal application after the parties have settled their dispute through a divorce decree

Subjects

divorce
settlement
legal aid
appointed counsel
High Court Legal Services Authority
criminal application

Judgment

2026:BHC-AUG:41565-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

956 CRIMINAL APPLICATION NO. 1287 OF 2024

SACHIN FAKIRCHAND ZINE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. Sudhir K. Chavan, Advocate for Applicants
Mr. S. B. Narwade, APP for the Respondent/State
Mr. V. K. Bhange, Advocate for respondent No.2 (appointed)

CORAM : R. M. JOSHI, J.
DATED : 9th SEPTEMBER, 2026

PER COURT :-

1. Learned Advocates for both sides, on instructions, state that the parties
have settled the dispute. The parties filed a divorce petition, which came to be
decreed by order dated 05.01.2026 in Petition No. F-54/2025. A copy of the
said order is placed on record and marked as ‘X’ for the purpose of
identification.
2. In view of the above, learned Advocate for respondent No.2, on
instructions, submits that he has no objection for allowing the application.
3. Hence, the application stands allowed in terms of prayer clause ‘C’.

4. The fee of the appointed counsel is quantified at Rs. 10,000/-, which
shall be paid by the High Court Legal Services Authority, Sub-Committee,
Aurangabad.

( R. M. JOSHI, J.)
ssp

956 APPLN 1287.2024.odt 1 of 1

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