Satish Panchram Hirwe vs The State Of Maharashtra
2021 Latest Caselaw 4215 Bom

                                                                          3-CrA-502-21.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.502 OF 2021
                  IN CRIMINAL APPEAL NO. (ST) 1402 OF 2021
                                   WITH
                      CRIMINAL APPEAL NO.105 OF 2019

                        SATISH PANCHRAM HIRWE
                                   VERSUS
                       THE STATE OF MAHARASHTRA
                                     ...
          Advocate for Applicant : Shri C. V. Dharurkar (Appointed)
             Advocate for Applicant : Shri S. S. Gangakhedkar
                                       (In Cr.Appeal No.105/2019)
              APP for Respondent - State : Shri S. D. Ghayal
                                     ...

                                    CORAM : RAVINDRA V. GHUGE AND
                                            B. U. DEBADWAR, JJ.

DATE : 08TH MARCH, 2021

PER COURT :

1. The learned advocate representing the applicant has

been appointed through Legal Aid. The applicant is one of the

convicts in the judgment delivered by the trial Court dated 18-01-

2019 in Sessions Case No.65 of 2016, vide which, both the accused

have been sentenced to suffer imprisonment for life for having

committed an offence punishable under Section 302 read with

Section 34 of the Indian Penal Code with other sentences for having

committed offences punishable under Section 364 read with Section

34, Section 392 read with Section 397 and Section 201 read with

Section 34 of the Indian Penal Code.

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2. Accused No.1 in the said case has already preferred

Criminal Appeal No.105 of 2019, which has been admitted. The

present applicant is accused No.2. The Co-ordinate Bench of this

Court, while dealing with Criminal Application No.477 of 2019 filed

by accused No.1, has noted the circumstances in which the present

applicant could not prefer an appeal and hence, he was given Legal

Aid assistance, in it's order dated 22-04-2019.

3. We have heard the learned advocate for the respective

sides. By this application, the present applicant prays for

condonation of delay of 701 days caused in filing the criminal

appeal. This delay is computed from the expiry of the limitation

period. However, there was a national lock-down effective from 24 th

March, 2020 till 31st January, 2021. By subtracting this period,

which is exempted from the delay, the delay would be further

reduced.

4. We are of the view that if the delay is not condoned, the

applicant would lose a valuable right of challenging his conviction

and sentence. We do not find laches attributable to the conduct of

the applicant, in as much as, we do not find the delay, after

subtracting the lock-down period, to be deliberate or inordinate.

5. In the light of the circumstances noted as above and for

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the reasons set out in the application, the same is allowed. The

delay is condoned without imposing costs, as the applicant is

presently serving out his sentence.

6. Criminal Appeal (Stamp) No. 1402 of 2021, in the

absence of objections, is registered. The same is Admitted. The

learned prosecutor waives service of notice on admission.

7. Since the appeal paper-book is already received and

record and proceedings are before the Court, this appeal shall be

tagged along with Criminal Appeal No.105 of 2019, for final

hearing.

(B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.)

SVH

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