Shivlal Kawalsingh Taram vs The State Of Mah. Thr Pso Ps Korchi, ...
2021 Latest Caselaw 9225 Bom

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   NAGPUR BENCH, NAGPUR

                            CRIMINAL APPLICATION (APPA)NO.383/2021
                                                    IN
                                 CRIMINAL APPEAL NO............/2021
                                       Shivlal Kawalsingh Taram
                                                  ..vs..
                          State of Mah., thr. PSO PS Korchi, District Gadchiroli

...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions                                                        Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
                                 Shri R.M.Patwardhan, Counsel for the applicant (appointed).
                                 Mrs.M.A.Barabde, Addl.P.P. for the State.

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

                                                           DATED                   : JULY 14, 2021.


                               1.                          Hearing                  was            conducted                     through                  video

conferencing and learned counsel agreed that audio and visual quality was proper.

2. Heard.

3. This is an application for condonation of delay in preferring appeal challenging judgment and order of conviction dated 24.3.2021 passed in Sessions Case No.91/2020 by learned Additional Sessions Judge, Gadchiroli whereby the applicant is directed to suffer imprisonment for life. The delay is of 29 days.

4. This application is filed for and on behalf of the applicant by learned counsel Shri R.M.Patwardhan who is appointed by the High Court Legal Services Sub Committee at Nagpur to represent the applicant.

5. According to learned counsel for the applicant,

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the applicant who is undergoing life imprisonment is in jail.

6. Since the applicant is in jail for undergoing life imprisonment, in our view, though there is delay, an opportunity should be given to the applicant to challenge the judgment and order of conviction imposed upon him. In this view of the matter, learned Additional Public Prosecutor for the State fairly submits that an opportunity should be given to the applicant to challenge the judgment and order of conviction.

7. For reasons stated in the application, the application is allowed. The Delay is condoned.

8. Registry is directed to register the appeal.

9. Learned counsel Shri R.M.Patwardhan for the applicant is entitled to receive Rs.750/- from the High Court Legal Services Sub Committee at Nagpur for drafting and arguing this application for condonation of delay.

10. The criminal application stands disposed of accordingly.

Criminal Appeal No............./2021

1. Heard.

2. ADMIT.

3. Record and proceedings be called for.

4. Learned Additional Public Prosecutor Mrs.M.A.Barabde, waives service on behalf of the State.

                          JUDGE                               JUDGE
         !! BRW !!


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