Sakharam Uttam Koli vs The State Of Maharashtra
2022 Latest Caselaw 1718 Bom

                                                          27-CriAppln-556-2022
                                      -1-

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 27 CRIMINAL APPLICATION NO. 556 OF 2022
                          IN APEALST/1441/2022

                      SAKHARAM UTTAM KOLI
                                VERSUS
                   THE STATE OF MAHARASHTRA
                                  .....
   Advocate for Applicant : Mr. Andhale Sandip Ramnath (appointed)
              APP for Respondent-State : Mr. R. D. Sanap
                                  .....

                               CORAM : V. K. JADHAV AND
                                       SANDIPKUMAR. C. MORE, JJ.

DATED : 21st FEBRUARY, 2022

PER COURT:-

1. Leave to correct the prayer clause.

2. Learned counsel appointed for the applicant/appellant submits

that since 21.07.2015, the applicant is behind bars. He was an under

trial prisoner. There is nobody in his family to look after his case. The

applicant is an illiterate person and he has no knowledge as to filing

of appeal against the judgment and order of conviction. The learned

appointed counsel submits that the delay may be condoned and the

appeal may be heard on merits.

3. Learned APP submits that appropriate order may be passed.

27-CriAppln-556-2022

4. It appears that, the Additional Sessions Judge, Beed, by the

judgment and order of conviction dated 17.05.2018 in Sessions Case

No. 12/2016 has convicted the applicant/appellant for the offence

punishable under Section 302 of IPC and sentenced him to suffer

rigorous imprisonment for life and to pay fine of Rs.10,000/-, in

default to undergo rigorous imprisonment for one year. It appears

that due to lack of knowledge on account of illiteracy and further,

there is nobody in the family to look after the accused, the delay is

occurred in preferring the appeal.

5. In view of the above and for the reasons stated in the

application, the criminal application is allowed in terms of prayer

clause "B" and disposed off accordingly.

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