Shankar Jairam Dodake vs State Of Maharashtra, Thr. The ...
2021 Latest Caselaw 9917 Bom

                                                 1                                    4-appa-313-21.odt

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

                           CRIMINAL APPLICATION (APPA) NO. 313 OF 2021
                                                             IN
                                   CRIMINAL APPEAL NO.                         OF 2021
                                       Shankar Jairam Dodake (C-10616)
                                                             Vs.
                 State of Maharashtra through the PSO, Durgapur, Dist. Chandrapur
              ------------------------------------------------------------------------------------------------
              Office Notes, Office Memoranda of                           Court's or Judge's Order
              Coram, appearances, Court's Orders
              or directions and Registrar's order
                               Ms. Deepali V. Sapkal, Advocate (appointed) for applicant.
                               Shri S. M. Ghodeswar, A.P.P. for non-applicant/State.




                                                CORAM :-         V. M. DESHPANDE AND
                                                                 AMIT B. BORKAR, JJ.

                                                DATED :-         28.07.2021



                                                Hearing        was     conducted         through       Video

Conferencing and learned counsel agreed that the audio and visual quality were proper.

2. This is an application for condonation of delay in preferring the appeal against the judgment and order of conviction. The delay as alleged is of 498 days. The applicant is convicted in Sessions Case No. 15/2018 by the learned Additional Sessions Judge, Chandrapur, vide judgment and order dated 18.02.2020 and since then he is in jail.

3. Though, this application is coming for the first time, this can be disposed of at this stage alone.

RR Jaiswal



                                               2                                 4-appa-313-21.odt




                                4.           Heard       Ms.   Deepali     V.   Sapkal,       learned

appointed Advocate through Legal Aid and Shri S. M. Ghodeswar, learned A.P.P. for State.

5. We are of the view that the applicant is in jail and to have an opportunity to prove his innocence before this Court, we allowed this application. Delay is condoned. Application disposed of accordingly.

6. The office is directed to register the appeal.

7. Legal Aid to pay an amount of ₹ 750/- to 750/- to Ms. Deepali V. Sapkal, learned appointed Advocate for preparing and arguing this application for condonation of delay.

                                CRIMINAL APPEAL NO.                   OF 2021



                                             Heard.

                                2.           Admit.

3. Shri S. M. Ghodeswar, learned A.P.P. waives service for the State.

4. Call R.&P.

RR Jaiswal



                                                 3                              4-appa-313-21.odt

                                CRIMINAL APPLICATION (APPA) NO.                     OF 2021

                                                This   application      for      suspension          of

substantive jail sentence and for grant of bail will be consider after receipt of R.&P.

                                            JUDGE                                  JUDGE




RR Jaiswal