Sunil Pandurang Sutar vs State Of Maharashtra
2023 Latest Caselaw 1985 Bom

Osk                                                         13-IA-769-2023.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 769 OF 2023
                                 IN
                CRIMINAL APPEAL (ST.) NO. 3732 OF 2023

Sunil Pandurang Sutar                            ... Applicant/Appellant
      V/s.
The State of Maharashtra                         ... Respondent


Ms. Saima Ansari, Appointed Advocate for Applicant/Appellant.
Mr. S.S. Hulke, 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 6 years and

135 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. 11th February 2013. That on the date of pronouncement of

impugned Judgment and Order i.e. 29 th July 2016, 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 February 2023.

Osk 13-IA-769-2023.odt

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
           14:06:08 +0530