Yusuf Khwaja Usen Sayyed @ Salman vs The State Of Maharashtra And Anr
2023 Latest Caselaw 2188 Bom

         ssm                                     1           8-ia3388.22.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 3388 OF 2022

                                       IN

                 CRIMINAL APPEAL (STAMP) NO. 16544 OF 2022

Yusuf Khwaja Usen Sayyed @ Salman                    .....Applicant

          Vs.

The State Of Maharashtra & Anr.                      .....Respondents

Ms. Trupti M. Khamkar Advocate appointed for the Applicant.
Mr. Ajay Patil APP, for the Respondent-State.

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

                                    DATE :    6th MARCH, 2023.

P.C.:-

1)              This is an Application for condonation of delay of 5 years and

147 days in preferring present Criminal Appeal against conviction.

2) Ms. Khamkar, learned Advocate appointed to represent

Applicant submitted that, Applicant is behind bars since 31 st July 2011 and

on the date of pronouncement of impugned Judgment and Order i.e. 27 th

February, 2017, for want of legal and financial assistance, he could not

prefer an Appeal within the period of limitation. She submitted that,

subsequently Applicant sent a letter to High Court Legal Services

Committee, Mumbai for appointment of an Advocate to represent him.

ssm 2 8-ia3388.22.doc

Thereafter present Advocate was appointed by Appointment Order dated

16th January, 2019. She submitted that, due to lock-down, the record of the

present case could not be supplied to her by the Legal Aid Committee and

therefore it added to the total period of delay.

3) In view thereof, for the reasons stated in Application and in the

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

prayer clause (a).

                      (PRAKASH D. NAIK, J.)                            (A.S. GADKARI, J.)

             Digitally signed
SANJIV    by SANJIV
          SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2023.03.08
             18:49:13 +0530