Prashant Prabhakar Janaskar vs State Of Maharashtra And Anr
2023 Latest Caselaw 206 Bom

                                              1/2           02-IA-4511-22-IN-APEAL-ST-21850-22---.odt


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.4511 OF 2022
                                                      IN
                                     CRIMINAL APPEAL (ST) NO.21850 OF 2022

                       Prashant Prabhakar Janaskar                        .... Applicant

                                     versus

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

                       •      Mr. Kunal Pednekar a/w Divesh Mehani i/b. Aniket Vagal,
                               Advocate for Applicant.
                       •      Smt. M. R. Tidke, APP for the State/Respondent No.1.

                                                CORAM       : SARANG V. KOTWAL, J.

                                                DATE        : 06th JANUARY, 2023

                       P.C. :

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

year 92 days in filing the Appeal. The only ground which was

taken in the application is that after conviction, the Applicant

was sent to jail and he was not aware of the legal procedure

Digitally signed by which was followed. Paragraph No.5 mentions that the certified MANUSHREE MANUSHREE V V NESARIKAR

copy of the Judgment was received on 15/11/2022. The date of NESARIKAR Date:

2023.01.06 16:19:04 +0530

impugned judgment is 15/07/2021. These grounds are not

Nesarikar 2/2 02-IA-4511-22-IN-APEAL-ST-21850-22---.odt

really tenable because in the impugned Judgment and Order in

clause 10 and 11 it is specifically mentioned that the accused

was informed that he had right to Appeal and that copy of the

Judgment was given to the accused free of cost.

2. Though the ground taken in the application is not

acceptable, in the interest of justice, since this is the first Appeal

provided under the statute and since the Applicant is in jail, the

delay in filing the Appeal of 1 year and 92 days is condoned.

3. The Appeal be processed further.

(SARANG V. KOTWAL, J.)