Wasim Mohiddin Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.795 OF 2018 IN CRIMINAL APPEAL (ST) NO.534 OF 2018 WITH CRIMINAL APPLICATION NO.796 OF 2018 IN CRIMINAL APPEAL (ST) NO.534 OF 2018 Wasim Mohiddin Shaikh ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

None for the Applicant.

Mr.A.R.Kapadnis, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 12th JUNE 2018.

P.C. :

These are applications for condonation of delay in filing an appeal as well as for providing legal aid to the applicant/appellant/convicted accused.

These applications are registered on the basis of communications sent by the applicant/appellant/convicted 1/3

accused through jail. He s convicted of the offence punishable under Section 376(2)(i) of the Indian Penal Code as well as under Section 4 of the Protection of Children from Sexual Offences Act. By the learned trial Court.

Heard the learned Additional Public Prosecutor. The applicant seeks to challenge Judgment of conviction and resultant sentence imposed on him and there is some delay in lodging the appeal which is explained in the application. Similarly, because of paucity of funds, the applicant is unable to appoint an Advocate to represent him and, therefore, he seeks legal aid. In this view of the matter, the following Order :

ORDER

(i) Criminal Application No.795 of 208 is allowed and the delay in lodging the appeal is condoned.

(ii) Criminal Application No.796 of 2018 is allowed. (iii) Ms.Megha Bajoria, the learned Advocate on the Panel of Legal Aid of this Court is appointed to represent the applicant/appellant/convicted accused at the cost of the State (iv) The Registry is directed to supply necessary papers to the appointed Advocate.

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(v) Both applications are accordingly disposed of. (vi) Put up the appeal for admission after one week. (A.M.BADAR J.) 3/3