Bombay High Court
CHHABI MOHAN SONIversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The appellant may be represented by the chosen advocate, and the legal aid counsel is relieved of his responsibilities.
Summary
The applicant, Chhabi Mohan Soni, filed an interim application from jail seeking to appoint a specific advocate, Mr. Sachin Salunkhe, to represent him in Criminal Appeal No. 746 of 2022. He also submitted a letter confirming his desire to engage Mr. Salunkhe. The court noted that Mr. Salunkhe had already filed his vakilpatra and permitted him to appear for the appellant, directing that his name be shown on the appearance board. Consequently, the court relieved the court‑appointed legal aid counsel, Mr. Nikhilesh Pote, of his duties and ordered the Legal Services Authority to pay him for services rendered up to that date. The application was disposed, effectively granting the applicant’s request to change counsel.
Issues considered
- Whether the appellant may appoint a particular advocate of his choice while in custody
- Whether the court‑appointed legal aid counsel can be relieved of his duties upon such appointment
Subjects
- legal aid
- appointment of advocate
- interim application
- criminal appeal
- court procedure
Judgment
Gokhale 1 of 2 12-ia-615-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 615 OF 2026
IN
CRIMINAL APPEAL NO. 746 OF 2022
Chhabi Mohan Soni ..Applicant
Versus
The State of Maharashtra & Anr. ..Respondents
__________
Mr. Sachin Salunkhe for Applicant.
Mr. Nikhilesh Pote (Appointed Advocate) for Applicant.
Ms. Supriya Kak, APP for the State-Respondent No.1.
Mr. Ratnesh M. Dube for Respondent No.2.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 1 OCTOBER 2026
PC :
1. This application is sent through jail. The Applicant has
requested appointment of a particular advocate. During pendency
of this application, the Applicant sent another letter dated
20.09.2026 which mentions that he wanted to engage Advocate
Mr. Sachin Salunkhe.
2. Learned Advocate Mr. Sachin Salunkhe is present in the
Court. He submitted that, he has already filed his Vakilpatra for the
Digitally
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2026.10.03
11:03:42
+0530
2 of 2 12-ia-615-26
Appellant. He is permitted to represent the Appellant in Criminal
Appeal No.746 of 2022. The name of Advocate Shri. Sachin
Salunkhe shall be shown in the appearance in the Appeal, on the
board.
3. Mr. Nikhilesh Pote, learned Advocate appointed through
the Legal Aid Services of this Court is relieved from his
responsibility of appearing for the Appellant. The Legal Services
Authority of this Court shall pay the legal aid counsel for his efforts
till today, as per rules.
4. The Application is disposed of.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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