Asif Khan Bashir Khan @ Juned @ ... vs The State Of Maharashtra
2022 Latest Caselaw 2429 Bom

                                                                            2.ia2456.2021 in apeal.556.2021.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO. 2456 OF 2021
                                        IN
                         CRIMINAL APPEAL NO. 556 OF 2021

    Asif Khan Bashir Khan @ Juned @ ...                                  Applicant/Appellant
    Abdulla
    V/s.
    The State of Maharashtra                                  ...              Respondent
                                            -------------------
    Mr. Raja Thakare, Senior Counsel and Mr. A.M. Chimalkar, as a
    Special P.P. for State a/w. Mr. Bharat Manghani in Conf/2/2015.

    Ms. Veera Shinde - APP for the State.

    Mr. Ansar Tamboli for the respondent no.4 in CONF/2/2015,
    appellant in APPEAL/553/2021.

    Mr. Gaurav Bhawnani for the respondent no. 1 in CONF/2/2015
    appellant in APPEAL/554/2021.

    Mr. I. A. Khan for appellant in Appeal/72/2017, APPEAL
    (ST)/6185/2020, APPEAL (ST)/6190/2020, APPEAL/71/2019.
                                           ---------------------
                                   CORAM : SMT. SADHANA S. JADHAV &
                                           SARANG V. KOTWAL, JJ.

DATED : MARCH 10, 2022.

P.C. :

.                  Heard.



varsha                                                                                              1 of 2

2.ia2456.2021 in apeal.556.2021.doc

2. The learned Senior counsel Mr. Thakare waives service for the respondents.

3. This is an application seeking condonation of delay in filing an appeal challenging the judgment and order dated 30 th September 2015 passed by the Special Judge in MCOCA Case No. 21 of 2006. It is stated that the applicant was arrested on 3rd October 2006 and continues to remain in custody since then.

4. For the reasons assigned in Paragraph no. 5, delay of 5 years and 274 days in filing the appeal needs to be condoned in the interest of justice as the confirmation case no. 2 of 2015 is admitted and is pending for hearing.

5. In view of this, the delay of 5 years and 274 days in the the appeal is hereby condoned.

6. Application is allowed and stands disposed of.

(SARANG.V. KOTWAL, J)                          (SMT. SADHANA S. JADHAV, J)




varsha                                                                                 2 of 2