Shabbir @ Pangalya Laxman @ ... vs The State Of Maharashtra
2022 Latest Caselaw 1720 Bom

                                                       22-CriAppln-176-2022
                                     -1-

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 22 CRIMINAL APPLICATION NO. 176 OF 2022
                          IN APEALST/479/2022

        SHABBIR @ PANGALYA LAXMAN @ LALCHAND BHOSALE
                                  VERSUS
                     THE STATE OF MAHARASHTRA
                                    .....
       Advocate for Applicants : Mrs. Minakshi L. Sangit (appointed)
               APP for Respondent-State : Mr. S. D. Ghayal
                                    .....

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

DATED : 21st FEBRUARY, 2022

PER COURT:-

1. Heard.

2. Issue notice to the respondent. Learned APP waives notice for

the respondent-State.

3. Learned appointed counsel submits that the applicant/appellant

is under trial prisoner and in jail since the date of his arrest. His

financial condition is very poor.

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

22-CriAppln-176-2022

5. The applicant is convicted by the Additional Sessions Judge-6,

Aurangabad by the judgment and order of conviction dated

25.03.2019 in Sessions Case No. 45 of 2018 under Section 302 of IPC

and sentenced to suffer imprisonment for life and to pay fine of

Rs.5,000/-, in default, to suffer simple imprisonment for one month.

Since the appellant-original accused is in jail form the date of his

arrest and even after his conviction and since he could not prefer

appeal due to his poor financial condition, we are inclined to condone

the delay.

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

application, the application is allowed in terms of prayer clause "A"

and disposed off accordingly.

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