Eknath Yashwant Mude vs State Of Maharashtra And Anr
2023 Latest Caselaw 1064 Bom

                                :1:                        11.ia-340-23.odt

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO.340 OF 2023
                                 IN
               CRIMINAL APPEAL [STAMP] NO.1067 OF 2023

Eknath Yashwant Mude                                  ....Applicant
            Versus
The State of Maharashtra & Anr.                       .... Respondents

                             -----
Ms. Janhavi S. Karnik, Advocate (appointed) for the
Applicant.
Mr. S.R. Agarkar, APP for the Respondent No.1-State.
                             -----

                                      CORAM : SARANG V. KOTWAL, J.

DATE : 1st FEBRUARY, 2023 P.C. :

1. This is an application for condonation of delay of

317 days in filing the appeal. The applicant was convicted

and sentenced by the Additional Sessions Judge, Thane vide

his judgment and order dated 14.1.2020 passed in Special

Case No.225/2016. He was convicted for commission of the

offence punishable under Section 376 of IPC and under

Sections 4, 5(l)(m)(n) of the Protection of Children from

Sexual Offences Act, 2012 and was sentenced to suffer RI for

ten years. He was also convicted for the offence punishable 1 of 2

Deshmane(PS) :2: 11.ia-340-23.odt

under Section 506 of IPC and was sentenced to suffer RI for

one year. It appears that the applicant is in custody since

17.6.2016. The applicant could not afford a private

Advocate and, therefore, this appeal is filed through Legal

Services Authority of this Court. It appears that because of

his poor financial condition there was delay in filing the

appeal.

2. Considering this request and in the interest of

justice, the delay of 317 days in preferring the appeal is

condoned. The appeal be processed further. The application

is disposed of accordingly.

Digitally signed by

(SARANG V. KOTWAL, J.) PRADIPKUMAR PRADIPKUMAR PRAKASHRAO PRAKASHRAO DESHMANE DESHMANE Date:

2023.02.03 14:51:26 +0530

Deshmane (PS)

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