Sanju Paramguru Gauda vs State Of Maharashtra
2023 Latest Caselaw 330 Bom

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                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO.4528 OF 2022
                                                           IN
                                          CRIMINAL APPEAL (ST) NO.22151 OF 2022

                           Sanju Paramguru Gauda                              .... Applicant

                                      versus

                           State of Maharashtra                               .... Respondent
                                                              .......

                           •       Mr. Irfan A. Shaikh (Appointed) Advocate for Applicant.
                           •       Smt. M. R. Tidke, APP for the State/Respondent.

                                                      CORAM      : SARANG V. KOTWAL, J.
                                                      DATE       : 09th JANUARY, 2023

                           P.C. :


                           1.             This is an application for condonation of 9 years 3

                                months and 29 days delay in filing the Appeal challenging the

                                Judgment and Order dated 28/03/2013 passed by the Learned

                                Special Judge for NDPS, Mumbai, in NDPS Special Case

                                No.101/2011.
          Digitally
          signed by
          MANUSHREE
MANUSHREE V
V         NESARIKAR
NESARIKAR Date:
          2023.01.10
          16:53:58

                           2.             The application mentions that the Applicant is in jail
          +0530




                                since 12/04/2011 and this Appeal is filed through a legal aid
                       Nesarikar
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     counsel. The delay in filing the Appeal is inordinate. Therefore I

     had called for the report of the Secretary, High Court Legal

     Services Committee, Mumbai. Accordingly, a report is tendered

     before the Court. It is taken on record and marked 'X' for

     identification. The report mentions that the convict had sent an

     application dated 09/09/2014 seeking legal aid to file the

     Appeal. Thus, it appears that the Applicant on his own part had

     immediately sought legal aid. Thereafter, the Appeal was not

     filed for more than 9 years. On the face of it, there is sheer

     negligence in filing the Appeal belatedly. Therefore, the

     explanation is necessary from all the concerned.



3.            Considering this situation, as it is not the fault of the

     Applicant, the delay in filing the Appeal can be condoned.



4.            Hence, the following order :


                                ORDER

(i) The delay of 9 years 3 months and 29 days in filing the Appeal is condoned.

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(ii) The Appeal be processed immediately.

(iii) The Legal Services Authority shall file a detailed report regarding this delay.

(iv) The previous advocates who were appointed by the legal aid committee, shall file their explanation in not taking the immediate steps in filing the Appeal.

(v) For further consideration of these aspects and for compliance, place this application on board on 14/03/2023.

(vi) It is made clear that in the meantime, the Appeal can be decided independently, considering that only short sentence is left to be served on the part of the Applicant.

(vii) Stand over to 14/03/2023.

(SARANG V. KOTWAL, J.)