Fulkunda @ Suresh Ranganna Wadde vs The State Of Maharashtra
2022 Latest Caselaw 12440 Bom

Osk                                                          21-IA-3253-2022.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 3253 OF 2022
                                   IN
                 CRIMINAL APPEAL (ST.) NO. 15957 OF 2022

Fulkunda @ Suresh Ranganna Wadde                   ... Applicant/Appellant
      V/s.
The State of Maharashtra                           ... Respondent


Ms.Farhana Shah, Appointed Advocate for Applicant/Appellant.
Mr.Ajay Patil, A.P.P. for Respondent-State.


                                      CORAM : A. S. GADKARI AND
                                              PRAKASH D. NAIK, JJ.

                                      DATE      : 1st December 2022.

P.C. :

1. This is an application for condonation of delay of 9 years & 7

months (3470 days) in filing present Appeal against conviction.

2. Ms.Shah, learned Advocate appointed to represent Appellant

submitted that, since the date of his arrest the Applicant is behind bars. That

after pronouncement of the impugned Judgment and Order, for want of

financial aid and legal assistance, he could not prefer appeal.

She further submitted that, as a matter of fact after receipt of a

letter through jail from the Applicant, the High Court Legal Services

Committee, Mumbai had appointed an Advocate to file appeal against

Osk 21-IA-3253-2022.odt

conviction. However, the concerned Advocate did not do the needful and that

is also one more reason in adding some day in delay. She submitted that, she

was subsequently appointed by the High Court Legal Services Committee by

Appointment Order dated 15th September 2022 and thereafter she

immediately filed present appeal on 19th September 2022.

3. In view of above, for the reasons stated in the Application and in

the interest of justice, delay is condoned and Application is allowed in terms

of prayer Clause 10(a).

                                 [ PRAKASH D. NAIK, J. ]                    [ A.S. GADKARI, J. ]


              Digitally signed
              by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date: 2022.12.03
              17:18:45 +0530