Shailesh @ Aau Hanumant Kelkar vs State Of Maharashtra
2023 Latest Caselaw 1983 Bom

Osk                                                       15-IA-772-2023.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 772 OF 2023
                                 IN
                CRIMINAL APPEAL (ST.) NO. 3738 OF 2023

Shailesh @ Aau Hanumant Kelkar                    ... Applicant/Appellant
      V/s.
The State of Maharashtra                          ... Respondent


Ms. Saima Ansari, Appointed Advocate for Applicant/Appellant.
Ms. M.H. Mhatre, A.P.P. for Respondent-State.


                                     CORAM : A. S. GADKARI AND
                                             PRAKASH D. NAIK, JJ.

                                     DATE      : 28th February 2023.

P.C. :

1. This is an application for condonation of delay of 7 years and 04

days in preferring present Appeal against conviction.

2. Ms. Saima Ansari, learned Advocate appointed to represent

Applicant/Appellant submitted that, the Applicant is behind bars since his

date of arrest i.e. 4th February 2013. That, on the date of pronouncement of

impugned Judgment and Order i.e. on 8th December 2015, for want of legal

and financial assistance the Applicant could not prefer Appeal within the

period of limitation. She submitted that, the Applicant subsequently

addressed a letter to the High Court Legal Services Committee, Mumbai and

thereafter she came to be appointed by Appointment Order dated 7 th

Osk 15-IA-772-2023.odt

February 2023. She thereafter immediately preferred present Appeal on 10 th

February 2023. In the said entire process, present delay has been caused.

3. In view of above, for the reasons stated in the Application and in

the interest of justice, delay is condoned and Application is allowed in terms

of prayer Clauses 3(a) & (b).

                                 [ PRAKASH D. NAIK, J. ]                    [ A.S. GADKARI, J. ]



              Digitally signed
              by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date: 2023.03.04
              14:07:42 +0530