Balasaheb @ Balu Vasant Kalbhor vs The State Of Maharashtra
2022 Latest Caselaw 2623 Bom

                                                                            cran783.22
                                         -1-


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                  936 CRIMINAL APPLICATION NO.783 OF 2022
                           IN APPEALST/2018/2022

                    BALASAHEB @ BALU VASANT KALBHOR
                                      VERSUS
                         THE STATE OF MAHARASHTRA
                                        .....
                   Advocate for Applicant : Mr. A.V. Indrale Patil
                   APP for Respondent-State: Mrs. P.V. Diggikar
                                          .....

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

DATED : 16th MARCH, 2022

PER COURT:-

1. Heard.

2. Issue notice to the respondent-State. Learned A.P.P. waives

notice for the respondent State.

3. This is an application filed for condonation of delay. The

applicant accused came to be convicted by the Special Judge,

Osmanabad by judgment and order dated 24.1.2017 in Special

Atrocity Case No. 21 of 2013 under Section 302 of I.P.C. and

sentenced to suffer R.I. for life and to pay fine of Rs.3000/- i/d to

suffer R.I. for one year. The applicant has preferred appeal against

the said judgment and order of conviction which is delayed by 1799

days.

cran783.22

4. Learned appointed counsel for the applicant original accused

submits that the applicant was under trial and no one in the family

has taken care to prefer appeal against the judgment and order of

conviction within time. Learned counsel submits that the delay in

filing the appeal is neither intentional nor deliberate. The applicant

accused has thereafter sent a communication to the High Court

Legal Services Sub Committee, Aurangabad and accordingly this

appeal has been preferred with application for condonation of delay.

5. Learned A.P.P. submits that appropriate order may be passed.

6. The applicant is in jail since the date of his arrest. His family

members have not taken care to file appeal within limitation.

Consequently, from jail, the applicant has sent a communication to

the High Court Legal Services Sub Committee, Aurangabad to prefer

an appeal. Thus, considering the entire aspects of the case, we are

inclined to condone the delay.

7. In view of above and for the reasons stated in the criminal

application, the same is allowed in terms of prayer clause "B" and

disposed of.

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

rlj/