Rajkumar @ Vikykumar Avadhkishor Choudhary v. The State Of Maharashtra And ANR.

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3.ia-3003-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3003 OF 2022 IN CRIMINAL APPEAL [STAMP] NO.14922 OF 2022 Rajkumar @ Vikykumar Avadhkishor Choudhary ..... Applicant

Versus

The State of Maharashtra & Anr.

.... Respondents ----- Mr. Vaibhav V. Ugle, Advocate for the Applicant. Smt. M.R. Tidke, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 22nd SEPTEMBER, 2022 P.C. :

1.

This is an application for condonation of delay of 76 days caused in preferring appeal against the conviction. 2.

Heard Shri Vaibhav Ugle, learned counsel for the applicant and Smt. M.R. Tidke, learned APP for the State. 3.

The applicant was convicted by the Special Judge under POCSO Act, Greater Mumbai vide judgment and order dated 12.4.2022 passed in POCSO Special Case No.533/2019.

Deshmane(PS)

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3.ia-3003-22.odt 4.

It is mentioned in the application and it is also submitted by learned counsel for the applicant that the applicant is in poor financial condition. He has nobody to look after his case. He has approached the Legal Services Authority of this Court for pursuing his appeal. Accordingly, the Legal Services Authority appointed Advocate Shir Ugle for the applicant on 17.8.2020. Thereafter learned appointed Advocate took steps for filing appeal. Hence, there is delay of 76 days in filing the appeal.

5.

Considering these submissions, the applicant has made out a case for condonation of delay. Hence, the following order :

:: O R D E R ::

i. The delay of 76 days in filing the appeal is condoned.

ii. The appeal be processed further.

iii. Interim Application is disposed of accordingly. (SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2022.09.23 17:42:51 +0530 Deshmane (PS) PRADIPKUMAR PRAKASHRAO DESHMANE