Saddam @ Yeda Banty Mohd. Hanif ... vs State Of Maharashtra And Anr
2022 Latest Caselaw 12283 Bom

                                 1/2           05.IA-3668-22-APEAL-ST-17694-22.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO.3668 OF 2022
                                    IN
                   CRIMINAL APPEAL (ST) NO.17694 OF 2022

   Saddam @ Yeda Banty Mohd. Hanif                         .... Applicant

                    versus

   State of Maharashtra and Anr.                           .... Respondents
                                       .......

   •       Smt. Vrushali L. Maindad a/w. Shaheen Kapadia, appointed
           Advocate for Applicant.
   •       Mr. S. R. Agarkar, APP for the State/Respondent No.1.

                                 CORAM    : SARANG V. KOTWAL, J.

                                 DATE     : 28th NOVEMBER, 2022

   P.C. :

1. This is an Application for condonation of delay of 263

days in filing the Appeal. The Appellant was arrested on

14.03.2020 and since then he is in custody. He was convicted

and sentenced by the Special Judge under the POCSO Act,

Greater Mumbai vide Judgment and Order dated 25.11.2021.

The major punishment imposed on him was for five years

punishable under Section 10 of the Protection of Children from

Shabnoor

2/2 05.IA-3668-22-APEAL-ST-17694-22.odt

Sexual Offences Act, 2012.

2. Learned counsel for the Applicant submitted that he is

from a poor family. There is nobody to look after his welfare. He

could not afford engaging a private lawyer. Therefore, the Legal

Services Authority of this Court has appointed an Advocate for

him. She, therefore, submitted that the delay be condoned. She

also submitted that the Applicant has good case on merits.

3. Considering these submissions, the delay of 263 days

in filing the Appeal is condoned.

4. The Appeal be processed further.

5. Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)