Sunil Kumar @ Piyush Gaurishankar Tiwari v. The State Of Maharashtra And ANR.

1 / 2 15-IA-2968-22-IN-APEAL-ST-14895-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2968 OF 2022 IN CRIMINAL APPEAL (ST) NO.14985 OF 2022 Sunil Kumar @ Piyush Gaurishankar Tiwari .... Applicant versus State of Maharashtra & Anr.

.... Respondents .......

• Ms. Vrushali L. Maindad a/w Ms. Shaheen Kapadia, Advocate for Applicant.

• Mr. P. H. Gaikwad, APP for the State/Respondent No.1. • Mr. Pradeep Gharat, Spl. PP. for Respondent No.2/CBI.

CORAM

: SARANG V. KOTWAL, J.

DATE : 12th OCTOBER, 2022 P.C. :

1.

This is an application for condonation of delay of 1 year and 95 days in filing the Appeal. The Applicant is convicted by the Special Judge under MCOCA in Special Case No.16 of 2013 along with other connected case vide Judgment and Order Digitally signed by MANUSHREE V NESARIKAR Date:

2022.10.14 14:32:17 +0530 MANUSHREE V NESARIKAR dated 16/03/2021.

Nesarikar

2 / 2 15-IA-2968-22-IN-APEAL-ST-14895-22.odt 2.

Learned counsel for the Applicant submitted that the Applicant was in jail since past 16 months and he did not have any family member who could help him in engaging a lawyer. The Applicant had sought help from legal aid services and thereafter an Advocate was appointed by the Legal Services Authority of this Court and in the process there was delay of 1 year and 95 days in filing the Appeal.

3.

Learned Special Public Prosecutor appearing for the Respondent No.2 submitted that the Appeals of co-accused are already admitted by this Court and they are pending. 4.

Considering this situation, in the interest of justice, the delay in filing the Appeal of 1 year and 95 days is condoned. The Appeal be processed further.

(SARANG V. KOTWAL, J.)