Mukhtar Abdul Sattar Shaikh vs The State Of Maharashtra
2023 Latest Caselaw 11788 Bom

Bombay High Court

Mukhtar Abdul Sattar Shaikh vs The State Of Maharashtra on 28 November, 2023

Author: Gauri Godse

Bench: Revati Mohite Dere, Gauri Godse

2023:BHC-AS:35412-DB
                                                                 2-IA-3882-2023-APEALST-19826-2023.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 rrpillai
                                  CRIMINAL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO. 3882 OF 2023
                                                         IN
                                CRIMINAL APPEAL (ST) NO. 19826 OF 2023

               Mukhtar Abdul Sattar Shaikh                            ...Applicant
                       Versus
               The State of Maharashtra                               ...Respondent


               Mrs. Sonia Miskin for the Applicant.
               Mr. J. P. Yagnik, APP for the State.

                                               CORAM : REVATI MOHITE DERE &
                                                              GAURI GODSE, JJ.

                                               DATE       : 28th NOVEMBER 2023
               P. C. :

1. By this application, preferred by the applicant through the

Legal Services Authority, the applicant seeks condonation of delay

of 10 years and 37 days caused in filing the aforesaid appeal.

2. In paragraph 2 of the aforesaid application, it is stated that

the applicant had approached the Legal Aid Committee in 2013

for filing an appeal, by appointing an Advocate to represent him

2-IA-3882-2023-APEALST-19826-2023.doc

before the concerned court and as such was under a bonafide

impression, that an appeal against his conviction has been filed.

It is further stated that recently he searched for the status of the

appeal and learnt that no such appeal has been filed. The

aforesaid application alongwith appeal has been filed by the

applicant through jail.

3. It appears from the office noting that two of the co-accused

had filed appeals against their conviction i.e. Criminal Appeal No.

189 of 2015 and Criminal Appeal No. 880 of 2013 and that both

the said appeals have been dismissed by this court vide judgment

and order dated 14th July 2015.

4. Considering the circumstances in which the

application/appeal is filed, the application is allowed, and delay of

10 years and 37 days caused in filing the appeal is condoned.

5. Interim Application is disposed of in the above terms.

GAURI GODSE, J.                               REVATI MOHITE DERE, J.