Pandharinath Dattu Bodke v. The State Of Maharashtra

ssm 1 7-ia2909.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2909 OF 2022 IN CRIMINAL APPEAL (STAMP) NO. 14085 OF 2022 Pandharinath Dattu Bodke .....Applicant Vs.

The State Of Maharashtra .....Respondent Mr. Shantanu R. Phanse Advocate appointed for the Applicant. Mr. Ajay Patil APP, for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 6th MARCH, 2023.

P.C.:- 1) This is an Application for condonation of delay of 8 years and 251 days in preferring present Criminal Appeal against conviction. 2) Mr. Phanse, learned Advocate appointed to represent Applicant submitted that, Applicant is behind bars since 13th September, 2012 and on the date of pronouncement of impugned Judgment and Order i.e. 3rd October 2013, for want of legal and financial assistance, he could not prefer an Appeal within the period of limitation. He submitted that, thereafter Applicant sent a letter to High Court Legal Services Committee, Mumbai for appointment of an Advocate to represent him and in pursuance thereof, 1/2

ssm 2 7-ia2909.22.doc Appointment Order dated 7th July, 2022 has been issued appointing him for the Applicant by the High Court Legal Services Committee, Mumbai. That, after his appointment, he immediately filed present Appeal along with Application on 10th August, 2022. That, in the aforesaid process, the present delay has occurred.

3) In view thereof, for the reasons stated in Application and in the interest of justice, delay is condoned and Application is allowed in terms of prayer clause (K)(a).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2