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Bombay High CourtIA/516/2023allowed

Umesh Tanaji Satpute v. State Of Maharashtra And ANR.

2023-02-22Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

SLJ 11-IA-516-2023-IN-APEAL(ST)-2529-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 516 OF 2023 IN CRIMINAL APPEAL (ST.) NO. 2529 OF 2023 Umesh Tanaji Satpute ...Applicant/Appellant V/s.

State Of Maharashtra And Anr.

...Respondents

Ms. Manisha Devkar, Appointed Advocate for Applicant/Appellant. Mr. S. S. Hulke, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 22nd FEBRUARY 2023.

P.C.:- .

This is an Application for condonation of 184 days delay in preferring present Appeal against the conviction of Applicant/Appellant. 2.

Learned Advocate appointed to represent Applicant/Appellant submitted that, on the date of pronouncement of impugned Judgment and Order, Applicant was behind bars and for want of financial and legal assistance, he could not prefer Appeal within the period of limitation. That, Applicant subsequently addressed a letter with the High Court Legal Services Committee, Mumbai and thereafter the present Advocate came to be appointed by an Appointment Order dated 27.09.2022. Thereafter, as early as possible he filed present Application along with Appeal. That, the said delay is caused in this entire process.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.02.27 13:13:38 +0530 1/2 SAJAKALI LIYAKAT JAMADAR

SLJ 11-IA-516-2023-IN-APEAL(ST)-2529-2023.doc 3.

In view thereof, 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 8(a).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2