Gautam Dhondu Dhone v. The State Of Maharashtra And ANR.

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5.ia-1642-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1642 OF 2022 IN CRIMINAL APPEAL [STAMP] NO.9039 OF 2022 Gautam Dhondu Dhone .... Applicant

Versus

The State of Maharashtra & Anr.

.... Respondents ----- Mr. Prasad B. Kulkarni, Advocate (appointed) for the Applicant.

Mr. Y.Y. Dabke, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 28th SEPTEMBER, 2022 P.C. :

1.

This is an application for condonation of delay of 2 years and 203 days in filing Criminal Appeal on behalf of the applicant challenging the judgment and order dated 21.8.2019 passed by the Special Judge (POCSO Act), Greater Bombay in POCSO Special Case No.421/2014. 2.

Heard Shri Prasad Kulkarni, learned counsel (appointed) for the applicant and Shri Y.Y. Dabke, learned APP for the State.

Deshmane(PS)

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5.ia-1642-22.odt 3.

Learned counsel for the applicant submitted that after the applicant'

s conviction the relatives of the applicant did not keep in touch with him. He was not financially sound and, therefore, he was not in a position to prefer an appeal through a private advocate. He sent a letter to the Legal Services Authority and, therefore, Shri Prasad Kulkarni, learned Advocate was appointed by the Legal Services Authority. After that, he collected the papers and preferred this appeal.

4.

Considering this situation, the applicant has made out a case for condoning the delay caused in filing appeal. Hence, the following order :

:: O R D E R ::

i.

The delay in filing the appeal is condoned. The appeal be processed further.

ii. Interim Application is disposed of accordingly. (SARANG V. KOTWAL, J.) Deshmane (PS) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2022.10.01 14:34:58 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE