Raju Gulabchand Pal v. State Of Maharashtra

Osk 17-IA-518-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 518 OF 2023 IN CRIMINAL APPEAL (ST.) NO. 2600 OF 2023 Raju Gulabchand Pal ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent Mr. Yakub Shaikh for Applicant/Appellant.

Mr. S.S. Hulke, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 9th February 2023.

P.C. :

1.

This is an application for condonation of delay of 1 year and 5 days in preferring present Appeal.

2.

Learned Advocate appointed to represent Applicant/Appellant submitted that, on the date of passing of the impugned Judgment and Order the Appellant was in custody and for want of legal and financial assistance, he could not prefer present Appeal within the period of limitation. He submitted that, the Applicant/Appellant subsequently filed an application with the High Court Legal Services Committee, Mumbai and thereafter he has been appointed by Appointment Order dated 21st December 2022. That, the present Appeal and Interim Application were thereafter filed as early as possible. That, the delay has occurred in the said process. 1/2

Osk 17-IA-518-2023.odt 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 (a).

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.02.13 14:53:55 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2