Maroti Madhav Tikekar vs The State Of Maharashtra
2021 Latest Caselaw 4633 Bom

                                                                     901-CrA-599-21.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                     CRIMINAL APPLICATION NO.599 OF 2021
                           IN APEAL(ST)/1703/2021

                        MAROTI MADHAV TIKEKAR
                                  VERSUS
                      THE STATE OF MAHARASHTRA
                                     ...
         Advocate for Applicant : Ms. Neha B. Kamble (Appointed)
             APP for Respondent - State : Shri R. V. Dasalkar
                                     ...

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

DATE : 12TH MARCH, 2021

PER COURT :

1. By this application, the applicant convict prays for

condonation of delay of 46 days caused in preferring the appeal.

2. The applicant seeks to challenge the judgment and

order dated 28-11-2019 delivered by the learned Additional

Sessions Judge, Bhokar in Special Case (POCSO) No.7 of 2019, vide

which the applicant has been convicted for having committed

offences punishable under Sections 376(2)(f)(i)(j), 354(A)(1), 323,

504 and 506 of Indian Penal Code and Sections 4 and 6 of the

Protection of Children from Sexual Offences Act, 2012.

3. Having considered the submissions of learned counsel

for applicant and the learned prosecutor, we are of the view that the

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delay of 46 days is minor in nature. The applicant has been behind

bars, serving out his life sentence. The application is hand-written.

In the event the delay is not condoned, the applicant would lose a

valuable right of challenging his conviction and life sentence.

4. In view of the above, this application is allowed. We

are not imposing costs as the applicant is serving out his sentence.

5. The criminal appeal, which is also hand-written, is

Admitted. The learned prosecutor waives service of notice on

admission.

6. We direct the learned Additional Sessions Judge, Bhokar

to prepare the appeal paper book in Special Case (POCSO) No.7 of

2019 decided on 28-11-2019, as expeditiously as possible and

preferably, on or before 30-06-2021. The appeal paper book, the

original record and proceedings and muddemal property, if any,

shall be transmitted to this Court on or before 20-08-2021.

7. This is a peculiar case in which the appellant has

submitted a hand-written appeal. Grounds have been formulated.

The learned advocate appearing on behalf of the appellant,

pursuant to our order dated 09-03-2021, rightly submits that she

would add to the grounds and pleadings after pursing the appeal

paper book, since this appeal has been preferred by the appellant

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through jail and she does not have the case papers with her.

8. As such, after the appeal paper book is delivered to this

Court and the learned advocate representing the appellant acquires

a copy thereof, we grant her the liberty to amend the appeal memo,

if felt necessary. So also, since the appellant has not preferred an

application for suspicion of the substantive sentence and for bail,

we grant liberty to the learned advocate to prefer such an

application after the receipt of the appeal paper book.

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

SVH

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