Kalpesh Wadilal Shah vs The State Of Maharashtra
2021 Latest Caselaw 1664 Bom

                                                                      19-ia-1500-19.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION
         Digitally
         signed by
Dinesh   Dinesh S.
         Sherla
S.       Date:
Sherla   2021.01.27
         14:23:32
                                  INTERIM APPLICATION NO. 1500 OF 2019
         +0500
                                                   IN
                                  CRIMINAL APPEAL (ST) NO. 1652 OF 2019


                      Kalpesh W. Shah                   ... Applicant/Appellant
                           V/s.
                      The State of Maharashtra          ... Respondent

                                                ----------------
                      Mr.   Ashish    Satpute,     Appointed     Advocate      for        the
                      Applicant/Appellant.
                      Mr. R.M. Pethe, APP for the Respondent - State.
                                                ----------------

                                        CORAM      :     N.R. BORKAR, J.

                                        DATE       :    JANUARY 25, 2021.

                      P.C.


                      1]      This application, which is received through Jail, is for

condonation of delay of approximately one year in fling the

appeal against the judgment and order dated 8 th January 2019

passed by the learned Additional Sessions Judge-1, Vasai in

POCSO Special Case No. 42 of 2016, by which, the applicant

has been convicted under Section 4 of the Protection of

Children From Sexual Ofences Act, 2012 (for short "POCSO

Act").

                      Dinesh Sherla                                                        1/2
                                                    19-ia-1500-19.doc


2]      For the reasons stated in the application and as the

appeal is against the judgment of conviction, I am inclined to

condone the delay in fling the appeal. Hence, the following

order is passed.

A] Interim Application is allowed.

B] Delay in fling the appeal is condoned.

C] Appeal be registered and it be placed for admission

along with Bail Application.

D] Office to communicate this order to the applicant,

who is lodged in Kolhapur Central Prison, Kalamba.

                                            (N.R. BORKAR, J.)




Dinesh Sherla                                                          2/2