Created by Fuzzy Cloud

Bombay High Court

JAYESH SUDHIR DOLASversusX. Y. Z.

Decided
Disposal
Disposed Off

Holding

Pursuant to clause 5 of Practice Note 53, the applicant is entitled to file a separate appeal with a new advocate and the registry must amend the cause‑title accordingly.

Summary

The applicant, Jayesh Sudhir Dolas, filed an interim application seeking permission to file a separate criminal appeal and to change his advocate of choice, invoking clause 5 of Practice Note 53. The court examined whether the practice note permits a separate filing when a common advocate withdraws representation for some appellants. It was noted that Advocate Anjali Patil, who represented the original joint appeal, was absent and had been served notice of the interim application. The court granted leave to the applicant to file a separate appeal challenging the judgment of the Additional Sessions Judge dated 4 December 2020, and directed the registry to amend the cause‑title of Criminal Appeal No. 485 of 2020 accordingly. The court also allowed the withdrawal of any pending interim applications and permitted fresh applications in the newly filed separate appeal. Consequently, the interim application was disposed of.

Issues considered

  • Whether the applicant is entitled to file a separate appeal and change his advocate under clause 5 of Practice Note 53.
  • Whether the registry must amend the cause‑title of the original criminal appeal to reflect the separation.
  • Whether pending interim applications can be withdrawn and fresh applications filed in the new separate appeal.

Subjects

  • interim application
  • separation of appeal
  • advocate change
  • Practice Note 53
  • criminal appellate jurisdiction
  • registry amendment
  • leave to file separate appeal

Judgment

                                                       925 IA-2504-2026.DOC
skt



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
               INTERIM APPLICATION NO. 2504 OF 2026
                              WITH
               INTERIM APPLICATION NO. 3447 OF 2025
                              WITH
               INTERIM APPLICATION NO.2991 OF 2023
                                IN
                    CR. APPEAL NO. 485 OF 2020
Jayesh Sudhir Dolas                                      …Applicant
         Vs.
X. Y. Z.                                                 …Respondent
                             WITH
                 CR. APPEAL NO. 485 OF 2020
Jayesh Sudhir Dolas and Anr                              ....Appellants
   Vs.
Pragati Rupesh Khade and Anr.                            ....Respondents


Ms. Gauri R. Parab a/w Mr. Harishkumar Zende and Mr.Rohan
Deshmukh for Applicant/s.
Mr. Swapnil V. Walve, APP for State-Respondent.


                        CORAM:       MADHAV J. JAMDAR, J.
                        DATE :       11th SEPTEMBER, 2026
P. C.:

1.       The Interim Application is taken out seeking liberty to file a

separate appeal to represent him by changing the advocate of his

choice and seeking a directions to the registry to accept the

separate appeal as per rules.




                                      Page 1 of 4
                                11th September, 2026
                                                        925 IA-2504-2026.DOC
skt



2.    Ms. Parab, learned counsel appearing for the Applicant, i.e.,

Original Appellant No.1 relies on a Practice Note No. 53 and more

particularly clause No. 5 of the same issued by the Registrar,

Judicial-I, High Court, Appellate Side and Prothonotary and Senior

Master, High Court, Original Side, Bombay. The said clause No.5

of Practice Note No. 53 reads as under :

       “(V)   Whenever    in     a   Criminal         Appeal   against

       conviction, there are two or more Appellants and are

       represented by a common Advocate, subsequently, if an

       Advocate files appearance for only some of them, such

       appearance shall not be taken on record unless the

       Advocate also makes an application for separating the

       appeal of such parties for whom he intends to appear.

       Until he/she does so, such appearance or Vakalanama

       will be notified for objection, and unless otherwise

       directed by the Hon'ble Court, such appeal will not be

       listed.”


3.    This Interim Application was on board on 9 th September

2026. However, Advocate Anjali Patil, who appears in Criminal

Appeal No. 485 of 2020, was not present, and therefore, the




                                     Page 2 of 4
                               11th September, 2026
                                                        925 IA-2504-2026.DOC
skt



matter is kept today. A specific letter intimating Advocate Anjali

Patil informing about filing of the Interim application by the

Applicant for separation of Criminal Appeal No. 485 of 2020 and

listing the said application on 11th September 2026 has been

served on her on 10th September 2026.                However, today also

Advocate Anjali Patil is not present.



4.    Accordingly, the Applicant-Jayesh Sudhir Dolas is granted

leave to file separate appeal challenging legality and validity of

judgment and order dated 4th December 2020 passed by learned

Additional Sessions Judge in Special Case No. 50 of 2019 in

accordance with clause No.5 of Practice Note No. 53.



5.    Thus, it is clarified that Appeal No. 485 of 2020 will be only

by Appellant No. 1-Shubham Rajesh Hadkar. The registry to carry

out necessary amendment in the cause-title of the Criminal Appeal

No. 485 of 2020.



6.    Ms. Parab, learned counsel appearing for Applicant states

that if any Interim Applications are pending in Criminal Appeal No.

485 of 2020 inter alia taken out by the Applicant-Jayesh Sudhir




                                    Page 3 of 4
                              11th September, 2026
                                                    925 IA-2504-2026.DOC
skt



Dolas, she be allowed to withdraw the Interim Applications, if any,

with liberty to file a fresh applications in the said new Appeal

which is proposed to be filed by Jayesh Sudhir Dolas. The said

liberty is also granted.



7.    Accordingly, Interim Application No. 2504 of 2026 is

disposed of.


                                           [MADHAV J. JAMDAR, J.]




                                   Page 4 of 4
                             11th September, 2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.