Sudhir Laxman Sonawane vs The State Of Maharashtra And Anr
2022 Latest Caselaw 7994 Bom

                                                         1 of 3                 07-ia-2358-22


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 2358 OF 2022
                                                    IN
                                  CRIMINAL APPEAL (ST) NO. 11790 OF 2022

                     Sudhir Laxman Sonawane                               ..Applicant
                          Versus
                     The State of Maharashtra & Anr.                      ..Respondents

                                                __________
                     Mr. Pawan Mali for Applicant.
                     Smt. Veera shinde, APP for State/Respondent No.1.
                                                __________

                                              CORAM : SARANG V. KOTWAL, J.

DATE : 18th AUGUST 2022 PC :

1. This is an application for condonation of delay of four

years and 290 days in filing Criminal Appeal (ST) No. 11790 of

2022 challenging the Judgment and order dated 26/07/2017

passed by learned Additional Sessions Judge, Special Court,

Greater Bombay in Special POCSO Case No.490 of 2014,

convicting the applicant.

2. Learned counsel for the applicant was appointed through

Legal Aid Panel of this court. He submitted and it is also

Digitally signed by VINOD mentioned in paragraph 9 of this application that the applicant VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date:

2022.08.19 11:18:32 +0530 Gokhale 2 of 3 07-ia-2358-22

could not engage an advocate and, therefore, the High Court Legal

Services Committee appointed Advocate Shri. Pawan Mali to plead

his case. The appointment order was served on learned advocate

on 27/07/2022. He immediately filed this appeal, but in the

process there was delay in filing the present application.

3. Since the learned Advocate has taken immediate steps

after his appointment and filed the Appeal, no fault could be found

with him. In the interest of justice, delay of 4 years and 290 days

in filing Criminal Appeal is condoned. Criminal Appeal (ST)

No.11790 of 2022 be processed further.

4. However, it appears that, it is not the fault of the

applicant as to why this appeal was not filed earlier. Therefore,

though the Appeal is filed in the year 2022, it shall be treated on

par with Appeals for the year 2017 for being listed on the final

hearing board. The Appeal should have been filed in the year 2017

itself.

5. Considering the situation which has arisen in this

particular case, the legal services committee of this court, 3 of 3 07-ia-2358-22

henceforth, shall take immediate steps, so that, such instances do

not occur in future and the prisoners do not suffer for similar

reasons. Periodic review should be taken of pending matters even

after assigning cases to appointed advocates. This order shall be

circulated to the Legal Services Authority of this Court.

6. The Interim Application is disposed of.

(SARANG V. KOTWAL, J.)