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Bombay High CourtIA/841/2022disposed off

Mahadu Krushna Veer v. The State Of Maharashtra

2022-09-28Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice N. R. Borkar2 pages

5.IA.841.2022.doc SHRIKANT SHRINIVAS MALANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SHRIKANT SHRINIVAS MALANI Date: 2022.09.30 16:11:20 +0530 CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 841 OF 2022 IN CRIMINAL APPEAL (STAMP) NO. 3886 OF 2022 Mahadu Krushna Veer ...Applicant

Versus

The State of Maharashtra

...Respondent

***  Mr. Shantanu R. Phanse, Advocate for the Applicant.  Mr. V. B. Konde - Deshmukh, APP, for the Respondent - State. *** CORAM : PRASANNA B. VARALE & N. R. BORKAR, JJ.

DATE : SEPTEMBER 28, 2022.

P. C. :

1.

Heard Mr. Phanse, learned Counsel for the applicant. 2.

By way of present application, the applicant has prayed for condonation of delay of 4 years and 85 days caused in filing the appeal by the applicant challenging the judgment and order of his conviction.

3.

Learned Counsel Mr. Phanse, invited our attention to the grounds stated in the application, particularly ground nos. 2 and 3. Learned Counsel submitted that pursuant to the order dated 23rd August, 2018 of Legal Services Authority, he has filed six appeals of the other co-accused before this Court but inadvertently, the appeal of Shrikant

5.IA.841.2022.doc present applicant remained to be filed. Then learned Counsel Mr. Phanse, invited our attention to the orders passed in other appeals and submitted that these appeals are admitted. Learned Counsel Mr. Phanse, thus, submitted that the delay caused in filing the appeal is purely bona fide and is not intentional.

4.

Considering the grounds stated in the Application as well as considering the submissions of learned appointed Counsel Mr. Phanse, the application for condonation of delay is allowed. Delay of 4 years and 85 days caused in filing the Appeal is hereby condoned. Interim application is disposed of.

(N. R. BORKAR, J.) (PRASANNA B. VARALE, J.) Shrikant