Citation : 2023 Latest Caselaw 2201 Bom
Judgement Date : 6 March, 2023
ssm 1 10-ia3876.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3876 OF 2022
IN
CRIMINAL APPEAL (STAMP) NO. 18842 OF 2022
Gangaram Laxman Dhadve .....Applicant.
Vs.
The State Of Maharashtra .....Respondent
Mr. Kushal C. Mor 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 1 year and
178 days in preferring present Criminal Appeal against conviction.
2) Mr. Mor, learned Advocate appointed to represent Applicant
submitted that, Applicant is behind bars since 19 th October, 2018 and on the
date of pronouncement of impugned Judgment and Order i.e. 25 th February,
2021, for want of legal and financial assistance, he could not prefer an
Appeal within the period of limitation. That, Applicant thereafter sent a
letter to High Court Legal Services Committee, Mumbai for appointment of
an Advocate to represent him and in pursuance thereof, present Advocate
ssm 2 10-ia3876.22.doc
has been appointed by Appointment Order dated 31 st May, 2022 by the
Committee, Mumbai. That, as the papers of the present case were not
handed over to him at the time of Appointment Order, he could not prefer
the Appeal immediately. He submitted that, as soon as he received papers
of the present case, he filed the present Appeal. That, in the aforestated
process, the 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 8 (a).
(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.)
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