Dhiraj @ Dhiru Prakash Panchal vs State Of Maharashtra And Anr
2022 Latest Caselaw 10406 Bom

                                              1/2           10-IA-3380-22-IN-APEAL-ST-16583-22.odt

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.3380 OF 2022
                                                      IN
                                     CRIMINAL APPEAL (ST) NO.16583 OF 2022

                       Dhiraj @ Dhiru Prakash Panchal                     .... Applicant

                                     versus

                       State of Maharashtra & Anr.                        .... Respondents
                                                        .......

                       •      Mr. Shailesh Arjun Chavan (Appointed Advocate) for
                              Applicant.
                       •      Mr. S. R. Agarkar, APP for the State/Respondent No.1.

                                                 CORAM       : SARANG V. KOTWAL, J.

                                                 DATE        : 10th OCTOBER, 2022

                       P.C. :

1. This is an application for condonation of delay of 5

years and 142 days in filing the Appeal against the Judgment

and Order dated 22/02/2017 passed by the Sessions Judge,

Greater Mumbai, in Sessions Case No.78 of 2014 along with

Digitally Sessions Case No.537 of 2014.

          signed by
          MANUSHREE
MANUSHREE V
V         NESARIKAR
NESARIKAR Date:
          2022.10.12
          17:21:39
          +0530

2. The application mentions that the Applicant had

approached the High Court Legal Services Committee for

Nesarikar 2/2 10-IA-3380-22-IN-APEAL-ST-16583-22.odt

preferring Appeal. Learned counsel for the Applicant submitted

that he was not in a financial condition to file private Appeal by

engaging private advocate. Therefore there is delay in filing the

Appeal.

3. Learned counsel as well as learned APP pointed out

that the office noting shows that there are other connected

Appeals of co-accused which are already admitted in the year

2017 itself.

4. Considering these submissions, in the interest of the

justice, since the Appeals of the other co-accused are to be

heard, even Applicant's case in his Appeal can be heard.

Therefore delay in filing the Appeal is condoned.

5. The application is disposed of.

6. The office shall process the Appeal further.

(SARANG V. KOTWAL, J.)