Samin Iliyas Ansari v. The State Of Maharashtra And ANR.

Osk 17-Ia-2169-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2169 OF 2022 IN CRIMINAL APPEAL (ST.) NO. 11375 OF 2022 Samin Iliyas Ansari ... Applicant/Appellant V/s.

The State of Maharashtra & Anr.

... Respondents Mr.Kunal Pednekar i/b. Mr. Aniket Vagal for Applicant/Appellant. Ms.Sharmila Kaushik, A.P.P. for Respondent No.1-State. CORAM : A.S. GADKARI, J.

DATE : 12th July 2022.

P.C. :

1.

This is an application for condonation of delay of four years and 232 days in filing appeal against conviction. 2.

Mr.Kunal Pednekar, learned Advocate for Applicant submitted that, since the date of his first arrest i.e. 2nd February 2016, the Applicant is behind bars and therefore could not prefer appeal immediately after pronouncement of impugned Judgment and Order dated 6th September 2017. He submitted that, as the Applicant is behind bars since beginning, he could not even meet his relatives immediately and therefore there is a delay in filing present appeal.

3.

Perusal of application indicates that, sufficient cause is made out for condonation of delay.

4.

In view thereof, for the reasons stated in the Application, delay is condoned and Application is allowed in terms of prayer Clause (a). [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date: 2022.07.15 13:55:53 +0530 OMKAR SHIVAHAR KUMBHAKARN 1/1