Allauddin Hakimansar Ansari vs State Of Maharashtra And Anr
2023 Latest Caselaw 2307 Bom

Osk                                                         8-IA-4261-2022.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 4261 OF 2022
                                  IN
                CRIMINAL APPEAL (ST.) NO. 20661 OF 2022

Allauddin Hakimansar Ansari                         ... Applicant/Appellant
      V/s.
The State of Maharashtra & Anr.                     ... Respondents


Mr. Karthik Rajasekhar, Appointed Advocate for Appellant.
Mr. Ajay Patil, A.P.P. for Respondent No.1-State.


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

                                     DATE      : 9th March 2023.

P.C. :

1. This is an application for condonation of delay of 305 days in

preferring the present Appeal against conviction.

2. Learned Advocate appointed to represent Applicant/Appellant

submitted that, the Applicant is behind bars since 15 th September 2016 and

on the date of passing of the impugned Judgment and Order i.e. 30 th

November 2021 for want of legal and financial assistance, he could not

prefer Appeal within the period of limitation. That, the Applicant

subsequently addressed a letter to the High Court Legal Services Committee,

Mumbai and in furtherance thereof, present Advocate came to be appointed

by an Appointment Order dated 23rd May 2022. He submitted that, after

Osk 8-IA-4261-2022.odt

receipt of necessary papers from the Legal Aid Committee, he immediately

filed present Application and Appeal in this Court. That in the said process,

present delay has occurred.

3. In view thereof, for the reasons stated in the 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
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2023.03.10
           11:46:26 +0530