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Bombay High CourtIA/2115/2022disposed off

Ravilal Veglal Agariya v. The State Of Maharashtra

2022-12-06Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 37.IA.2115.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2115 OF 2022 IN CRIMINAL APPEAL (STAMP) NO.11031 OF 2022 Ravilal Veglal Agariya Applicant versus The State of Maharashtra Respondent Mr.Pradeep Pardeshi, Advocate for Applicant.

Mrs.S.D.Shinde, APP, for State.

CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 6th December 2022 PC :

1.

This is an application for condonation of delay of 4 years and 45 days in filing substantive appeal against conviction. 2.

Learned Advocate appointed to represent Applicant submitted that Applicant is in jail since the date of his arrest i.e. from 18th April 2013 and on the date of pronouncement of impugned Judgment and Order dated 13th March 2018 in Sessions Case No.130 of 2013, for want of legal and financial assistance, he could not prefer appeal within the period of limitation. That, the Applicant thereafter filed an application before High Court Legal Services Committee, Mumbai for providing him legal aid and in furtherance thereof, present Advocate was appointed by Appointment Order dated 22nd April MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.12.12 15:21:03 +0530

2 of 2 37.IA.2115.2022.doc 2022. He submitted that in the said process the delay has occurred. 3.

In view of the above, for the reasons stated in the application and in the interest of justice, we are inclined to condone the delay. 4.

The delay is accordingly condoned. Interim Application is allowed in terms of prayer clause (a).

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST