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Bombay High CourtIA/2478/2021allowed

Mohan Rambhau Shengal v. The State Of Maharashtra And ANR.

2022-01-13Hon'Ble Shri Justice Prakash D. Naik2 pages

13-ia-2478.21 in apealst-15710.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2478 OF 2021 IN CRIMINAL APPEAL (ST.) NO.15710 OF 2021 Mohan Rambhau Shengal ...Appellant

Versus

The State of Maharashtra and Anr.

...Respondents

Shri. Satyajeet S. Dixit, Advocate for the Appellant. Mr. Arfan Sait, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

13th JANUARY, 2022.

PER COURT :

1.

This is an application for condonation of delay in preferring Criminal Appeal (St.) No.15710 of 2021 challenging the judgment and order dated 5th August 2019 passed by the learned Additional Sessions Judge, Khed, Rajgurunagar, District Pune convicting the applicant for the offence punishable under section 376(2) of the Indian Penal Code and section 3(a) r/w 4 of Protection of Children from Sexual Offences Act, 2012 as well as sections 6 and 9 of the POCSO Act. The maximum sentence imposed by the trial Court is of 10 years. The applicant is in custody since 17th March 2016. There is delay of about 2 years and 47 days in preferring an appeal. Considering the circumstances and pmw

13-ia-2478.21 in apealst-15710.21.doc in the interest of justice, the delay can be condoned. Hence, the following order:-

ORDER

(i) Interim application No.2478 of 2021 is allowed; (ii) Delay is condoned;

(iii)Application stands disposed off.

(PRAKASH D. NAIK, J.) pmw