Tulshiram Khemchand Durbe vs The State Of Maharashtra
2021 Latest Caselaw 4450 Bom

                                       ..1..             Cri.Appln.559.2021



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD


                902 CRIMINAL APPLICATION NO.559 OF 2021
                                   IN
                 CRIMINAL APPEAL (ST.) NO.1557 OF 2021
                                 WITH
                 CRIMINAL APPEAL (ST.) NO.1557 OF 2021

                                      WITH
                   CRIMINAL APPLICATION NO.560 OF 2021
                                    IN
                   CRIMINAL APPEAL (ST.) NO.1557 OF 2021

 TULSHIRAM KHEMCHAND DURBE                                        .. Applicant /
                                                                     Appellant
          VERSUS
 THE STATE OF MAHARASHTRA                                .. Respondent
                                   ...
      Advocate for the Applicant/appellant : Mr Dhanraj Ingole h/f.
                         Mr Nilesh S. Ghanekar

                     APP for Respondent / State : S.G. Sangle
                                      ...

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

                                     Date :    10-03-2021

PER COURT :-

(CRIMINAL APPLICATION NO.559 OF 2021) :

1. By this application, the applicant - convict prays for

condonation of delay of 483 days caused in filing the appeal. He has

been convicted by the Judgment dated 31-08-2019 delivered by the Gajanan

..2.. Cri.Appln.559.2021

learned Additional Sessions Judge, Aurangabad in Sessions Case

No.290 of 2016, for having committed an offence punishable under

Section 302 of the Indian Penal Code, 1860. He has been sentenced

to suffer imprisonment for life.

2. The learned Advocate for the applicant submits that, as

the applicant was serving out his sentence, he was unable to prefer

the appeal. The moment, he has been released on emergency parole

under Rule 19 (1)(C) of the Maharashtra Prisons (Mumbai Furlough

and Parole) Rules, 1959, he has preferred this application.

3. We find that, though the delay appears to be 483 days,

the period of the national lock-down from 24-03-2020 till 31-01-2021

needs to be subtracted and that would reduce the delay to 254 days.

The learned Prosecutor has opposed the application.

4. We do not find that the delay could be termed as

deliberate or inordinate. Moreover, if the delay is not condoned, the

applicant would lose a valuable right of challenging his conviction

and sentence.

Gajanan



                                       ..3..             Cri.Appln.559.2021

5. As such, this application is allowed. We are not imposing

costs as the applicant is a convict.

Criminal Appeal (Stamp) No.1557 of 2021 :

6. Considering that the appellant seeks to challenge the

judgment dated 31-08-2019, vide which, he has been convicted for

murdering his wife and has been sentenced to suffer imprisonment

for life, the appeal is admitted. The learned Prosecutor waives ser-

vice on admission.

7. The learned Advocate for the appellant submits that, he

would canvass Criminal Application No.560 of 2021 seeking

suspension of the substantive sentence and enlargement on bail, after

the Record & Proceedings is received. Hence, we request the learned

Court of Sessions, Aurangabad to prepare the appeal paper-book in

Sessions Case No.290 of 2016 decided on 31-08-2019, as

expeditiously as possible and preferably, on or before 30-06-2021.

The paper book shall be transmitted along with the Record &

Proceedings and the muddemal property, to this Court on or before

31-08-2021.

          (B. U. DEBADWAR)                     (RAVINDRA V. GHUGE)
                JUDGE                                JUDGE

Gajanan