Kondiram Madhu Pawar vs State Of Maharashtra
2023 Latest Caselaw 11216 Bom

                                                                   12.3658.23 ia.doc


Iresh
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION

                          INTERIM APPLICATION NO. 3658 OF 2023
                                           IN
                           CRIMINAL APPEAL ST NO. 18868 OF 2023


        Kondiram Madhu Pawar                                    ...Applicant

                 Versus

        State of Maharashtra                                    ...Respondent

        Mr. Sushan Mhatre Advocate appointed for the applicant
        Mr. J. P. Yagnik APP for the State

                                     CORAM : REVATI MOHITE DERE &
                                             GAURI GODSE, JJ.

                                      DATE    : 1st NOVEMBER 2023

        P.C. :

1. This is an application for condonation of delay of 14 years and 6

days in filing the appeal.

2. Learned counsel for the applicant submitted that the impugned

Judgment and Order is dated 31 st July 2009. He further submitted

that the applicant has been in jail since 23 rd December 2007 and

12.3658.23 ia.doc

presently is serving his sentence in Yerwada Central Prison, Pune and

since his incarceration, the application was unable to secure any legal

advise. Learned counsel further submitted that he is appointed in the

matter through Legal Services Committee on 17 th June 2023. He

further submitted that after his appointment, he gathered all the

required papers, however, some original papers were damaged and

therefore, he took some time in collecting the photocopies. Learned

counsel further submitted that application for certified copy of the

impugned Judgment and Order and the relevant documents was made

on 14th December 2022 and the same were ready on 15 th December

2022. However, it took some time to collect photocopy of some

original papers which were damaged. Learned counsel therefore

submitted that in view of the aforesaid facts and circumstances, the

applicant was unable to challenge the Judgment and Order of his

conviction within time. Learned counsel thus submitted that in view of

the facts and circumstances, delay of 14 years and 6 days caused in

filing the application be condoned.

3. We have perused the application. For the reasons set out in the

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application, in paragraph no. 6 and the submissions made on behalf of

the applicant, we condone the delay of 14 years and 6 days caused in

filing the appeal.

4. Application is allowed in terms of prayer clause (b).

                             GAURI GODSE, J.                            REVATI MOHITE DERE, J.








Signed by: Iresh S. Mashal
Designation: PS To Honourable Judge
Date: 03/11/2023 10:46:09