Ganesh Kandaswami Padiyachi v. The State Of Maharashtra And ANR.

CAJ 9-Ia-3026-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3026 OF 2022 IN CRIMINAL APPEAL (ST) NO. 15278 OF 2022 Ganesh Kandaswami Padiyachi ... Applicant V/s.

The State Of Maharashtra And Anr.

... Respondents Mr. Pawan Mali Appointed Advocate for Applicant. Mr. S. S. Hulke APP, for Respondent-State.

CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ.

DATE : 21st OCTOBER, 2022.

P.C. :

1.

This is an Application for condonation of delay of 5 years and 143 days for filling of Criminal Appeal (ST) No. 15278 of 2022. 2.

Heard Mr. Mali, learned Advocate appointed by the High Court Legal Services Committee, Mumbai to represent Applicant and Mr. Hulke, learned APP for State.

3.

It is stated that, Applicant is in jail since the date of his arrest and after pronouncement of impugned Judgment and Order due to the financial inability he could not prefer an Appeal within the period of limitation. That, Applicant subsequently addressed a letter to the High Court Legal Services 1/2

CAJ 9-Ia-3026-2022.odt Committee, Mumbai to provide him Legal Aid and thereafter present Advocate Mr. Mali was appointed who in turn has filed the present Appeal. 4.

In view thereof, delay is condoned and Application is allowed in terms of prayer clause "a".

[MILIND N. JADHAV, J.] [A.S. GADKARI, J.] 2/2