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Bombay High CourtAPPA/236/2016delay condonatedrejected

Jogindersingh @ Zokia Raghubirsingh Chauhan v. The State Of Maharashtra

2016-03-01Hon'Ble Smt. Justice S.S. Jadhav2 pages

25.appa236.16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 236 OF 2016 IN CRIMINAL APPEAL ST. NO. 148 OF 2016 Jogindersingh @ Zokia Raghubirsingh Chauhan.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. A.A. Ansari, advocate for applicant.

Mr. S.S. Pednekar, APP for Applicant-State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : MARCH 1, 2016 P.C.:

This is an application seeking condonation of delay in filing to appeal against conviction. The applicant herein is convicted by Additional Sessions Judge-3, Nashik in Special Case (NDPS) No. 13 of 2013. The delay is of one year and 40 days.

The learned Counsel for the applicant submits that the applicant herein was under trial prisoner from 21/1/2013. That there is Talwalkar 1/2

25.appa236.16.sxw nobody to espouse the cause of the applicant. Due to economical stringencies, he could not file an appeal within the stipulated time. In any case, this is an appeal against conviction filed by an under-trial prisoner. In view of this, delay of one year and 40 days deserves to be condoned in the interest of justice. Hence, the application is allowed. The delay is condoned. The application is disposed of accordingly. The matter be listed for admission. (SMT. SADHANA S. JADHAV,J) Talwalkar 2/2