1990 INSC 0023
                                       Jainedrakumar Vijaykumar Badjato

                                                           Vs

                                                State of Maharashtra

                                         Criminal Appeal No. 32 of 1990

                                          (M.H. Kania, Kuldip Singh JJ)

                                                      22.01.1990

                                                        ORDER

1. Leave granted. Counsel heard.

2. We find that Criminal Appeal No. 25 of 1986 has been decided without the learned counsel of the
appellant (accused) who was appointed by the court not being present. We do not wish to enter into
the question as to why the counsel was not present. That is a matter which can be considered by
appropriate authorities, if they think fit. In the circumstances, however, we set aside the judgment of
the High Court and direct that the Criminal Appeal No. 25 of 1986 shall be heard afresh by the High
Court. The appellant states that he will engage his own counsel at his own cost.

3. The appeal is allowed as aforesaid with no order as to costs.

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