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- Whether pending interim applications can be withdrawn and fresh applications filed in the new separate appeal.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
Checking your session…