Shabbir Husain Khan v. The State Of Maharashtra

(19)APPANo.8962016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION CRIMINAL APPLICATION NO.896 OF 2016 IN CRIMINAL APPEAL (ST) NO.515 OF 2016 Shabbir Husain Khan ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Smt.Nasreen Ayubi, Advocate for the Applicant. Ms.V.S.Mhaispurkar, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 28th FEBRUARY 2017.

P.C. :

This is an application for condonation of delay of 89 days for preferring an appeal challenging conviction of the applicant/accused for the offence punishable under Section 380 read with Section 511 of the Indian Penal Code. Heard the learned counsel appearing for the applicant/accused, as well as, the learned Additional Public Prosecutor. Averments made for seeking condonation of delay are to the effect that the applicant/accused applied for legal aid because of financial constraints and then the appeal came to be filed. This process has caused the delay.

Gaikwad RD 1/2

(19)APPANo.8962016 Considering the averments made in the application, I am of the view that the applicant was prevented from sufficient cause in not filing the appeal within limitation. Hence, the application is allowed.

The delay in lodging the appeal is condoned.

(A.M.BADAR J.) Gaikwad RD 2/2