Subhash Bhagwan Latpate v. The State Of Maharashtra

osk 12-IA-48-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 48 OF 2020 IN CRIMINAL REVISION APPLICATION (ST.) NO. 10 OF 2020 Subhash Bhagwan Latpate ... Applicant V/s.

The State of Maharashtra ... Respondent Mr.Vaibhav Ugale a/w. Mr.Vikas B.S. for Applicant. Mr.A.R. Patil, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 6th April 2021.

P.C. :

This is an application for condonation of delay of 663 days in preferring the present Revision against Order dated 8th November 2017 passed by the learned Additional Sessions Judge, Nashik, below Exh.01 in Criminal Appeal No.170 of 2017.

2.

Learned counsel for the Applicant submitted that, the Applicant is a truck driver by profession and is a semi literate person. That he was solely relying upon his Advocate with whom the appeal was entrusted. He submitted that, though the proceedings of appeal were closed in the month of November 2017, the Applicant was informed about the said fact only in the month of February 2019. As the Applicant was not aware of the legal intricacies, he could not take immediate steps in preferring further proceedings. He 1/2

osk 12-IA-48-2020.odt submitted that, due to these reasons, the aforesaid delay has caused in filing the present Revision.

3.

Learned A.P.P. submitted that, necessary Orders in the interest of justice may be passed.

4.

In view of the above and for the reasons stated in the Application, delay is condoned, subject to condition that the Applicant shall pay a cost of Rs.10,000/- to the High Court Legal Services Committee, Mumbai, within a period of three weeks from today. It is made clear that, the payment of cost is a condition precedent for condonation of delay. The Applicant to pay/deposit the cost in the account namely "High Court Legal Aid Fund", Account No. 60045304283, IFSCMAHB0000002 of the Bank of Maharashtra, Branch-Fort, Mumbai-400032, maintained by the High Court Legal Services Committee, Mumbai, Room No. 105, 1st Floor, PWD Building, High Court, Mumbai and to furnish the details of such cost to the High Court Legal Services Committee, Mumbai and obtain the receipt thereof physically or through Email i.e. hclsc.mumbai@gmail.com which shall be the proof of such payment/deposit. 5.

In view of the above, subject to payment of cost, delay is condoned and Application is allowed in terms of prayer Clause (a). [A.S. GADKARI, J.] 2/2