Bombay High Court

NIGONDA HANMANT BIRAJDARversusSTATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The Court allowed the interim application and ordered the appointment of legal aid counsel for the appellant.

Summary

The applicant, Nigonda Hanmant Birajdar, filed Interim Application No. 2559 of 2023 seeking an early hearing of Appeal No. 1075 of 2017, which had been scheduled for final hearing on 26 October 2026 by consent. The Court considered the request and, noting the consented final date, allowed the interim application, thereby disposing of it. The appellant also petitioned for legal assistance, requesting that an advocate be appointed at the State's expense. The Court directed the Secretary of the Legal Aid Committee, Circuit Bench, Kolhapur, to appoint Advocate Mr. Hrishikesh S. Shinde to represent the appellant, noting his voluntary acceptance. Consequently, the matter was set to stand over for the scheduled final hearing on 26 October 2026.

Issues considered

Whether the interim application seeking an early hearing should be allowed
Whether legal assistance should be provided to the appellant at State expense

Subjects

legal aid
interim application
early hearing
criminal appeal
appointment of advocate

Judgment

                                                                16-IA-2559-2023 (CR).doc




              IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                    CRIMINAL APPELLATE JURISDICTION
                  INTERIM APPLICATION NO. 2559 OF 2023
                                   IN
                        APPEAL NO. 1075 OF 2017

Nigonda Hanmant Birajdar                       .....Applicant
      VERSUS
State of Maharashtra                          .....Respondent
                                   …
Mr. Hrishikesh S. Shinde, appointed for Applicant.
Mr. Pankaj P. Deokar, APP for Respondent-State.
                                   ...

                                   CORAM : RAJESH S. PATIL AND
                                           ABHAY J. MANTRI, JJ.
                                   DATE : 29 AUGUST 2026.
P. C. :

                  INTERIM APPLICATION NO. 2559 OF 2023:

1.        This is an application filed by the Applicant seeking early hearing

of Appeal No.1075 of 2017. By consent the Appeal is fixed for final

hearing on 26th October 2026.

2.        In view of the above, Interim Application No.2559 of 2023 is

allowed and disposed of.

                           APPEAL NO. 1075 OF 2017

3.        The Appellant has requested that legal assistance be provided to

him in the present proceedings. By his letter dated 4th June 2023, he has


Suresh                               1
                                                            16-IA-2559-2023 (CR).doc




requested that an advocate be appointed for him at the cost of the

State.

4.       Mr. Hrishikesh S. Shinde, an advocate practicing in this Court, is

requested by this Court to appear on behalf of the Appellant. He has

voluntarily accepted the request.

5.       Hence, the Secretary, Legal Aid Committee, Circuit Bench at

Kolhapur, is hereby directed to do all the needful for appointing

Advocate Mr. Hrishikesh S. Shinde, on behalf of the Appellant in the

present proceedings.

6.       Call for R and P. The same be transmitted by the Principal Seat to

the Circuit Bench at Kolhapur. Officer of Special Duty at Kolhapur

Circuit Bench to inform Registrar (Judicial)-I via email.

7.       Stand over to 26th October 2026.


         (ABHAY J. MANTRI, J.)                   (RAJESH S. PATIL, J.)




Suresh                              2

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