Govind Barkya Pachalkar vs State Of Maharashtra
2023 Latest Caselaw 2199 Bom

     ssm                                        1          15-ia4532.22.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO.4532 OF 2022

                                      IN

                CRIMINAL APPEAL (STAMP) NO. 22283 OF 2022

Govind Barkya Pachalkar                             .....Applicant

         Vs.

The State Of Maharashtra                            .....Respondent

Mr. Pradeepkumar Pardeshi Advocate appointed for the Applicant.
Ms. G.P. Mulekar 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 4 years and

208 days in preferring present Criminal Appeal against conviction.

2) Mr. Pardeshi, learned Advocate appointed to represent

Applicant submitted that, Applicant is behind bars since 20 th May, 2014 and

on the date of pronouncement of impugned Judgment and Order i.e. 26 th

March, 2018, for want of legal and financial assistance, he could not prefer

an Appeal within the period of limitation. He submitted that, thereafter

Applicant sent a letter to High Court Legal Services Committee, Mumbai for

appointment of an Advocate to represent him and in pursuance thereof,

ssm 2 15-ia4532.22.doc

Appointment Order dated 30th November, 2022 has been issued appointing

him for the Applicant by the High Court Legal Services Committee,

Mumbai. That, after his appointment, he immediately filed present Appeal

along with Application on 19th December, 2022. That, in the said entire

process, the present delay has occurred.

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.)