Mansaram S/O. Parasram Bhilavekar vs The State Of Maharashtra Thr. Pso, Ps, ...
2024 Latest Caselaw 22702 Bom

Bombay High Court

Mansaram S/O. Parasram Bhilavekar vs The State Of Maharashtra Thr. Pso, Ps, ... on 5 August, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

                                                 -1-                         5.APPA.703.2024.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH AT NAGPUR

             CRIMINAL APPLICATION (APPA) NO. 703 OF 2024
                                IN
                CRIMINAL APPEAL ST. NO. 5980 OF 2024
                           Mansaram S/o. Parasram Bhilavekar
                                           Vs.
               State of Maharashtra, through P.S.O., P.S. Dharni, Amravati
**********************************************************************************************
Office Notes, Office Memoranda of Coram,                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
**********************************************************************************************
                       Mr. Sumit G. Joshi, Advocate (appointed) for the Applicant.
                       Ms. H.S. Dhande, APP for the Non-applicant.

                                  CORAM : G. A. SANAP, J.

DATED : 5th AUGUST, 2024.

. Issue notice to the non-applicant.

2. Learned APP waives service of notice on behalf of the non-applicant.

3. Heard learned advocate for the applicant and learned APP for the non-applicant. Perused the record and proceedings.

4. This is an application for condonation of 159 days delay caused in filing the appeal against the judgment and order dated 27.11.2023.

5. The applicant/accused, on conviction for the offences punishable under Section 376(2)(n) of the Indian Penal Code, 1860 and under Section 4 of the Protection of Children from Sexual Offences Act, 2012, has been sentenced to suffer rigorous imprisonment for 20 years on each count with a fine of Rs.5,000/-.

-2- 5.APPA.703.2024.odt

It is stated that, from the date of his arrest, he has been in jail. He is not financially well off. There is nobody in his family to look after his case. Therefore, he could not file the appeal within time. On receipt of the requests from the accused through jailer, the High Court Legal Services Sub-Committee, Nagpur, has provided the advocate to the applicant/accused to file the appeal.

6. On going through the application, I am satisfied that the reasons are sufficient to condone the delay. If the delay is not condoned, then the substantive right of the accused to challenge the judgment and order would be defeated. As such, the delay is condoned.

7. The appeal be registered.

CRIMINAL APPEAL ST. NO. 5980 OF 2024

8. Heard.

9. ADMIT.

10. Issue notice to the respondent.

11. Learned APP waives service of notice on behalf of the respondent.

12. Call for the record and proceedings.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 06/08/2024 17:51:31