Santosh Dattatray Bandal v. The State Of Maharashtra

4-ia-2526-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2153 OF 2022 IN CRIMINAL APPEAL (ST) NO. 11268 OF 2022 Santosh Dattatray Bandal ...Applicant/Appellant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Hrishikesh Subedar for the Applicant/Appellant. Mr. V. B. Konde-Deshmukh, APP for the State.

.........

CORAM :

PRASANNA B. VARALE & N.R. BORKAR, JJ.

DATED :

11 OCTOBER 2022 P.C. :- By way of present application, the applicant/appellant prays for condonation of delay of 36 days in filing the appeal. At the outset the learned counsel submits that inadvertently in the prayer clause, the actual period of delay remained to be mentioned and seeks leave to mention the said period in prayer clause. Leave as sought is granted. MJ Jadhav 1 / 2

4-ia-2526-22.odt 2.

The learned counsel submits that the applicant was under-trial prisoner. The learned Counsel further submits that as the applicant was the sole bread winner in the family. It was thus difficult for the family members to arrange for necessary funds or to seek necessary legal assistance. Thus, submissions of the learned counsel for the applicant is delay caused in filing appeal is due to bonafide reasons and the delay is purely unintentional.

3.

In view of the submission of the learned counsel for the applicant as well as for the reasons stated in the application, application is allowed and delay is condoned. ( N.R. BORKAR, J. ) ( PRASANNA B. VARALE, J. ) MJ Jadhav 2 / 2