Sunil Pandurang Sutar v. State Of Maharashtra

Osk 13-IA-769-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 769 OF 2023 IN CRIMINAL APPEAL (ST.) NO. 3732 OF 2023 Sunil Pandurang Sutar ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent Ms. Saima Ansari, Appointed Advocate for Applicant/Appellant. Mr. S.S. Hulke, A.P.P. for Respondent-State.

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

DATE : 28th February 2023.

P.C. :

1.

This is an application for condonation of delay of 6 years and 135 days in preferring present Appeal against conviction. 2.

Ms. Saima Ansari, learned Advocate appointed to represent Applicant/Appellant submitted that, the Applicant is behind bars since his date of arrest i.e. 11th February 2013. That on the date of pronouncement of impugned Judgment and Order i.e. 29th July 2016, for want of legal and financial assistance the Applicant could not prefer Appeal within the period of limitation. She submitted that, the Applicant subsequently addressed a letter to the High Court Legal Services Committee, Mumbai and thereafter she came to be appointed by Appointment Order dated 7th February 2023. 1/2

Osk 13-IA-769-2023.odt She thereafter immediately preferred present Appeal on 10th February 2023. In the said entire process, present delay has been caused. 3.

In view of above, for the reasons stated in the Application and in the interest of justice, delay is condoned and Application is allowed in terms of prayer Clauses 3(a) & (b).

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

2023.03.04 14:06:08 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2