Mohd. Ekabal Mohd. Ismail Shaikh v. State Of Maharashtra And ANR.

1 10-IA-417-2024.doc Digitally signed by WAKLE MANOJ JANARDHAN Date:

2024.03.16 10:10:27 +0530 WAKLE MANOJ JANARDHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.417 OF 2024 IN CRIMINAL APPEAL (ST) NO.1769 OF 2024 Mohd. Ekabal Mohd. Ismail Shaikh : Applicant Vs.

The State of Maharashtra & Anr.

: Respondents ------------ Adv. Aishwarya Bapat a/w Adv. Grishma N. Lad for the Applicant. Adv. P. P. Devkar, APP for the State.

------------ CORAM :

KISHORE C. SANT, J.

DATE :

14TH MARCH, 2024 P.C. :

1.

Though served none appears for the Respondent No.2. 2.

This Application is preferred for condonation of delay of 2 years & 76 days caused in filing the Criminal Appeal. The impugned judgment and order is dated 3rd September, 2021 passed by Ld. District and Sessions Judge, Mumbai Special Court, District Mumbai in Special POCSO Case No.86 of 2017.

3.

The Applicant is convicted for offence punishable under Section 10 of POCSO and for offences punishable under Sections 354, 354Manoj

2 10-IA-417-2024.doc A of the Indian Penal Code. The maximum sentence awarded is 5 years rigorous imprisonment. Since the Applicant was in jail, he could not immediately arrange to instruct a lawyer to file the Appeal. It is for this reason delay is caused.

4.

Considering the above Application stands allowed. 5.

Delay stands condoned.

6.

Application is thus disposed of.

(KISHORE C. SANT, J.) Manoj