Rohit S/O Sanjay Tambe vs The State Of Maharashtra, Thr. Acp ...
2021 Latest Caselaw 10550 Bom

appa434.21                                                                                                  1
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR


                       CRIMINAL APPLICATION (APPA) NO. 434/2021
                                          IN
                           CRIMINAL APPEAL NO.       /2021
                                              Rohit S. Tambe
                                                ...VERSUS...
                                          State of Maharashtra
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Office Notes, Office Memoranda of Coram,                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                              Shri P.W. Mirza, Advocate for the applicant/appellant(s)
                              Shri V.A. Thakare, APP for the non-applicant/respondent - State


                              CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

AUGUST 06, 2021

1] This is an application for condonation of delay in filing the appeal.

2] The applicant is one Rohit Sanjay Tambe. He was convicted by the learned Judge of the Court below in MCOC Case No. 09/2015 and was directed to suffer imprisonment of life. The said convict sent a letter dated 17/07/2021 to this Court in which he stated that due to poverty, he could not file appeal and could not avail legal assistance. However, he did state in that letter that the co- accused have already filed the appeals. The said letter was placed before the Court on 28/07/2021. On the said date, the Court requested Shri P.W. Mirza, Advocate to represent the said convict and provide legal assistance. He readily accepted the same and thereafter he has prepared the present application.

ANSARI

3] According to the application, the delay caused in filing the appeal is of 756 days. It is to be noted that the co- accused have already filed Criminal Appeal Nos. 38/2019, 419/2018 & 79/2018 challenging their same judgment and order of conviction.

4] In view of the aforesaid, the application is allowed. The delay stands condoned. Office is directed to register the appeal.

                           CRIMINAL APPEAL NO.             /2021


                           5]             Heard Shri P.W. Mirza, learned advocate for the

appellant and Shri V.A. Thakare, learned APP for the respondent/State.

                           6]             ADMIT.
                           7]             Learned APP waives service for the respondent/
                           State.
                           8]             Learned advocate for the appellant submits that

there is no need of preparing separate paperbook and he has already received the entire papers from the registry of this Court.

                           9]             His statement is accepted.
                           10]            Place this appeal alongwith       Criminal Appeal

Nos. 38/2019, 419/2018 & 79/2018.

                                        (JUDGE)                         (JUDGE)




ANSARI