Bapu Dharma Javale vs The State Of Maharashtra And Anr
2022 Latest Caselaw 12831 Bom

Osk                                                        14-IA-56-2022.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 56 OF 2022
                                  IN
                  CRIMINAL APPEAL (ST.) NO. 12 OF 2022

Bapu Dharma Javale                                ... Applicant/Appellant
      V/s.
The State of Maharashtra & Anr.                   ... Respondents


Mr.Onkar Mane i/b. Mr. Mohansinh Rajput for Applicant/Appellant.
Mrs.M.H. Mhatre, A.P.P. for Respondent No.1-State.

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

                                     DATE      : 9th December 2022.
P.C. :

1. This is an application for condonation of delay of two years and

82 days in preferring the present Appeal against conviction.

2. Learned Advocate appointed to represent the Applicant submitted

that, on the date of passing of the impugned Judgment and Order the

Applicant was in jail and for want of legal aid and financial assistance, he

could not immediately prefer Appeal within the period of limitation. He

submitted that, the Applicant thereafter filed an application for providing him

legal assistance with the High Court Legal Services Committee and thereafter

the present Advocate came to be appointed. In the said process the aforestated

delay has occurred.

Osk 14-IA-56-2022.odt

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 (a).

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


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2022.12.13
           15:46:07
           +0530