Nikita Sanjay Kangane vs The State Of Maharashtra
2022 Latest Caselaw 9919 Bom

                                                                                7.1.IA.1488.2022.doc

SHRIKANT
SHRINIVAS
MALANI
Digitally signed by
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHRIKANT
SHRINIVAS
MALANI
                                          CRIMINAL APPELLATE JURISDICTION
Date: 2022.09.30
16:12:24 +0530


                                       INTERIM APPLICATION NO. 1488 OF 2022
                                                       IN
                                     CRIMINAL APPEAL (STAMP) NO. 7251 OF 2022
                                                      WITH
                                     CRIMINAL APPEAL (STAMP) NO. 7251 OF 2022

                      Nikita Sanjay Kangane                                 ...Applicant

                                 Versus

                      The State of Maharashtra                              ...Respondent
                                                        ***
                       Ms. Rui Danawala i/by Mr. Ashraf Ali Akhtar Shaikh, Advocate for
                        Applicant.
                       Ms. P. P. Shinde, APP, for the Respondent - State.
                                                        ***
                                                 CORAM : PRASANNA B. VARALE &
                                                           N. R. BORKAR, JJ.

DATE : SEPTEMBER 28, 2022.

P. C. :

1. Heard Ms. Rui Danawala holding for Mr. Ashraf Shaikh for

the Applicant.

2. By way of present application, the applicant has prayed

for condonation of delay of 623 days caused in filing the appeal. It is

submitted that the post judgment and order of learned Trial Court

dated 07th December, 2019, the applicant could not file appeal against

his conviction, firstly due to the peculiar circumstances, namely, the

outbreak of covid-19 pandemic and secondly due to the poor financial

conditions.

7.1.IA.1488.2022.doc

3. Learned Counsel invited our attention to the ground nos.

3, 4 and 5 and submitted that delay caused in filing the appeal is due

to bona fide reasons and purely unintentional.

4. In view of the submissions of learned Counsel for

Applicant and reasons stated in the application, application is

allowed. Delay is hereby condoned.

(N. R. BORKAR, J.) (PRASANNA B. VARALE, J.)