Dattu Rohidas More vs The State Of Maharashtra
2021 Latest Caselaw 7345 Bom

 R. V. Patil                          1 of 2                           1.1 IA.1358.2021.doc




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 1358 OF 2021
                                   IN
                 CRIMINAL APPEAL (STAMP) NO. 7780 OF 2021

 Dattu Rohidas More                                 ...Applicant

 In the matter of

 Dattu Rohidas More                                 ...Appellant

               Versus

 The State of Maharashtra                           ...Respondent
                                          ....
 Ms. Reshmarani J. Nathani for the Applicant/Appellant.
 Mr. Arfan Sait, APP for the Respondent-State.

                                 CORAM :       PRASANNA B. VARALE AND
                                               SURENDRA P. TAVADE, JJ.

                                 DATE      :   6th MAY, 2021.

 P.C. :

1. The Applicant is before this Court with prayer of condonation of

delay caused in fling the appeal. The Applicant who was charged for

commission of ofence under Section 302 of the Indian Penal Code

and faced trial in Session Case No. 55 of 2015 and was convicted and

awarded sentence by the learned trial Court. The Applicant being

aggrieved by the Judgment and order of conviction and sentence is

before this Court by fling the present appeal.

2. Ms. Reshmarani J. Nathani, learned Counsel appearing for the

Applicant invited our attention to the grounds raised in the application

R. V. Patil 2 of 2 1.1 IA.1358.2021.doc

in support of the submission that the delay caused in preferring the

appeal is due to his unintentional and bonafde reasons. By inviting

our attention to the grounds more particularly at Paragraph No. 8

onwards the learned Counsel submitted that the Applicant was taken

in custody immediately after the Judgment of the learned trial Court.

As he was not conversant with the legal procedure as well as the

Applicant was facing fnancial hardships, therefore, Applicant was

unable to take necessary steps so as to preferred the appeal. The

Applicant then by help of lawyer took necessary steps for preparation

of appeal and fled the same. The counsel then submitted that due to

the unforeseen difculties such as pandemic and the declaration of

lockdown, there were restrictions on movement. The learned Counsel

on there submissions prayed for condonation of delay caused in flling

appeal.

3. In view of the submissions of the learned Counsel for the

Applicant and reasons stated in the application, the delay in fling the

appeal is hereby condoned and the interim application is allowed and

disposed of accordingly.

(SURENDRA P. TAVADE, J.) (PRASANNA B. VARALE, J.)