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Bombay High CourtIA/654/2023disposed off

Kiran Kesari Vaity v. State Of Maharashtra And ANR.

2023-02-22Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

7-ia-654-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 654 OF 2023 IN CRIMINAL APPEAL (ST) NO. 3016 OF 2023 Kiran Kesari Vaity ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Smt. Manisha Devkar, (appointed Advocate) for Applicant. Smt. M. R. Tidke, APP for State/Respondent No.1. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 22 FEBRUARY 2023 PC :

1.

This is an application for condonation of delay of four years and 351 days in filing the Appeal challenging the Judgment and order dated 21/12/2017 passed by Learned Special Judge under POCSO Act, Greater Bombay. The major sentence imposed on him was for 20 years of R.I.

2.

Learned counsel for the applicant submitted that the applicant is in custody since December 2016. She submitted that, there was no one in his family who could have looked after his Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.02.23 10:53:50 +0530 interest and helped him in filing the Appeal. He requested for VINOD BHASKAR GOKHALE Gokhale

7-ia-654-23 assistance of a legal aid counsel. Accordingly, this Appeal is filed by an advocate appointed by Legal Services Authority of this Court. 3.

Considering these submissions and in the interest of justice, the delay of four years and 351 days in filing the Appeal is condoned. The Appeal be processed further.

4.

The Application is disposed of.

(SARANG V. KOTWAL, J.)