Liyan @ Saurabh Nur Islam Mulla And Anr vs State Of Maharashtra
2024 Latest Caselaw 23343 Bom

Bombay High Court

Liyan @ Saurabh Nur Islam Mulla And Anr vs State Of Maharashtra on 8 August, 2024

Author: Sarang V. Kotwal

Bench: Sarang V. Kotwal

2024:BHC-AS:31766




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                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO. 3081 OF 2024
                                                              IN
                                            CRIMINAL APPEAL (ST) NO. 15993 OF 2024

                           Liyan @ Saurabh Nur Islam Mull & Anr.                   .... Applicants

                                            versus

                           State of Maharashtra                                    .... Respondent
                                                                   .......
                           Mr. Meghdeep M. Oak, a/w. Diptendu Bose, and Puneet Fouia,
                           Advocate for the Appellants/Applicants.
                           Mrs. Sangita D. Shinde, APP for the State/Respondent.

                                                         CORAM     : SARANG V. KOTWAL, J.

                                                         DATE      : 8th AUGUST 2024

                           P.C. :

1. The Applicants were the Accused Nos. 1 and 2 in Sessions

Case No. 49 of 2018 before the Additional Sessions Judge and

Special Judge (POCSO), Thane. The learned Judge vide the

judgment and order dated 29th February 2024, convicted both of

them for commission of offence punishable under Sections 372 Digitally signed by

GANESH GANESH SUBHASH read with 34 of the Indian Penal Code, 1860 (for short the "IPC") SUBHASH LOKHANDE LOKHANDE Date:

2024.08.09 13:05:32 +0530

Ganesh Lokhande, PA

2/2 7.1-IA-3081-2024.odt

and under Section 81 of the Juvenile Justice (Care and Protection

of Children) Act 2015 (for short the "J. J. Act, 2015"). They were

sentenced to suffer rigorous imprisonment for a period of 7 years

each and to pay fine of Rs.1,00,000/- (Rupees one lakh only) each

and in default of payment of fine to suffer imprisonment for 100

days each.

2. The Applicants have preferred an Appeal against that

judgment and order. The present Application is for condonation of

delay of 88 days in filing the Appeal.

3. Learned counsel for the Applicants submitted that the

Applicants were not aware about the limitation period and the

procedure to file the Appeal, some time was required in collecting

the papers and in filing the Appeal. Therefore, there is a delay of

88 days.

4. Considering these submissions, and in the interest of justice,

the delay of 88 days in filing the Appeal is condoned.

5. The Interim Application is disposed of.

(SARANG V. KOTWAL, J.)