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Bombay High CourtIA/1668/2021allowed

Sakharam Raoji Dharap v. The State Of Maharashtra

2021-07-01Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice N. R. Borkar2 pages

10- ia-1668.21 in apealst-9778.21..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1668 OF 2021 IN CRIMINAL APPEAL (ST.) NO.9778 OF 2021 Sakharam Raoji Dharap ... Applicant V/s.

State of Maharashtra ... Respondent ------------------- Ms. Ameeta Kuttikrishnan, Advocate for the Applicant. Ms. P.P. Shinde, APP for the Respondent - State. --------------------- CORAM :SMT. SADHANA S. JADHAV & N.R. BORKAR, JJ.

DATED :1st JULY 2021.

P.C. :

1.

This is an application seeking condonation of delay. The applicant herein is convicted for the offences punishable under section 302 of the Indian Penal Code by the Additional Sessions Judge, Mangaon, District Raigad vide judgment and order dated 24th February 2011.

2.

The family members of the applicant could not prosecute his case and the applicant was in custody. It is the statutory appeal. The applicant deserves an opportunity to challenge the conviction pmw

10- ia-1668.21 in apealst-9778.21..doc recorded against him by the Sessions Court. For the reasons assigned in paragraphs 3.1, 3.2, 3.3 and 3.4 of the application, the delay of 10 years 120 days in filing the appeal deserves to be condoned in the interest of justice. Application is allowed.

3.

Appeal be registered.

(N.R. BORKAR, J) (SMT. SADHANA S. JADHAV, J) pmw