Dashrath Vitthal Bhange vs State Of Maharashtra
2023 Latest Caselaw 2209 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 3901 OF 2022

                                       IN

                CRIMINAL APPEAL (STAMP) NO. 18994 OF 2022

Dashrath Vitthal Bhange                              .....Applicant

         Vs.

The State Of Maharashtra                             .....Respondent

Mr. Vinay J. Bhanushali 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 6

months in preferring present Criminal Appeal against conviction.

2) Mr. Bhanushali, learned Advocate appointed to represent

Applicant submitted that, Applicant is behind bars since 7 th August, 2015

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

11th May, 2017, 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

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thereof, Appointment Order dated 19th September, 2022 has been issued

appointing him for the Applicant by the Committee. 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

on 9th November, 2022. He submitted that, the delay has occurred in the

aforesaid process.

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.)