Madhukar Radhaji Fugnar vs The State Of Maharashtra
2022 Latest Caselaw 1494 Bom

                                     1                32 cra 215-22

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                 32 CRIMINAL APPLICATION NO.215 OF 2022
                         IN APEALST/585/2022

                     MADHUKAR RADHAJI FUGNAR
                                 VERSUS
                     THE STATE OF MAHARASHTRA
                                     ...
           Advocate for Applicant : Mr. Razvi Syed Mubashir Ali
               APP for Respondent-State: Mr. S. S. Dande
                                     ....
                          CORAM : V. K. JADHAV AND
                                      SANDIPKUMAR C. MORE, JJ.

DATED : 14th FEBRUARY, 2022.

....

P. C. :

1. Heard.

2. Issue notice to the respondents. Learned APP waives notice

for respondent-State.

3. The applicant was convicted for the offence punishable under

Section 302 of IPC by the learned Additional Sessions Judge,

Gangakhed by judgment and order of conviction dated 28/09/2018

in Session Trial No. 27 of 2016 and sentenced to suffer

imprisonment for life and to pay a fne of Rs.1,000/-, in default, to

suffer RI for a period of one month. There is a delay of 1131 days

caused in fling criminal appeal against the judgment and order of

conviction.

2 32 cra 215-22

4. Learned counsel for the applicant / accused submits that due

to weak fnancial condition, the applicant could not fle the appeal

within time. Learned counsel submits that the applicant/accused

has allegedly committed murder of his wife and as such there is no

one in his family to look after his case. The applicant / accused

was under trial and is in jail since date of his arrest.

5. Learned APP submits that an appropriate order may be

passed.

6. It appears that the applicant / accused was under trial and

he has allegedly committed the murder of his wife. Thus, no one in

the family has looked after his case. Further more his economic

condition is also poor. It further appears that the applicant is

illiterate and as such he was not knowing to fle an appeal against

the judgment and order of conviction. Thus, considering the entire

aspect of the case and for the reasons stated in the application, we

allow this application in terms of prayer clause "B".

7. Criminal application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.)

vsm/-