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Bombay High CourtIA/553/2023disposed off

Sabir Iqbal Sayyed v. State Of Maharashtra

2024-01-12Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak2 pages

Osk 10-Ia-553-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 553 OF 2023 IN CRIMINAL APPEAL (ST.) NO. 2931 OF 2023 Sabir Iqbal Sayyed ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent Mr. Manoj R. Gowd a/w. Ms. Kavita Durgapal for Applicant/Appellant. Ms. A.A. Takalkar, A.P.P. for Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 12th January 2024.

P.C. :

1) This is an application for condonation of delay of 511 in preferring Appeal against conviction.

2) Learned Advocate for Applicant submitted that, since the date of his arrest the Applicant is behind bars and therefore he could not file Appeal immediately after pronouncement of impugned Judgment and Order dated 31st May 2022. That, the Applicant had sent a letter/Appeal through jail and he has been appointed in the said Appeal by the Legal Services Committee, Mumbai. However, in due course of time the Applicant executed Vakalatnama in favour of the Advocate on record and thereafter he preferred present application.

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Osk 10-Ia-553-2023.doc 3) In view of the above and for the reasons stated in the Application, delay is condoned and Application is allowed in terms of prayer Clause (b).

( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.01.16 11:24:25 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2