Bapu Dharma Javale v. The State Of Maharashtra And ANR.

Osk 14-IA-56-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 56 OF 2022 IN CRIMINAL APPEAL (ST.) NO. 12 OF 2022 Bapu Dharma Javale ... Applicant/Appellant V/s.

The State of Maharashtra & Anr.

... Respondents Mr.Onkar Mane i/b. Mr. Mohansinh Rajput for Applicant/Appellant. Mrs.M.H. Mhatre, A.P.P. for Respondent No.1-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 9th December 2022.

P.C. :

1.

This is an application for condonation of delay of two years and 82 days in preferring the present Appeal against conviction. 2.

Learned Advocate appointed to represent the Applicant submitted that, on the date of passing of the impugned Judgment and Order the Applicant was in jail and for want of legal aid and financial assistance, he could not immediately prefer Appeal within the period of limitation. He submitted that, the Applicant thereafter filed an application for providing him legal assistance with the High Court Legal Services Committee and thereafter the present Advocate came to be appointed. In the said process the aforestated delay has occurred.

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Osk 14-IA-56-2022.odt 3.

In view of above, 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. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.12.13 15:46:07 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2