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Bombay High CourtIA/2664/2021disposed off

Arun Shivaji Mali v. The State Of Maharashtra

2022-02-22Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice N. R. Borkar2 pages

IA2664_21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2664 OF 2021 IN CRIMINAL APPEAL (ST.) NO.17054 OF 2021 Arun Shivaji Mali ...

Applicant / Appellant Vs.

State of Maharashtra ...

Respondent Ms. Shifa Khan i/b. Dr. Yug Mohit Chaudhary for Applicant. Ms. G. P. Mulekar, APP for Respondent-State.

CORAM : S. S. SHINDE & N. R. BORKAR, JJ.

DATE : FEBRUARY 22, 2022 P.C. :

Ms. Shifa Khan, learned counsel appearing for the applicant, invites our attention to the averments in the application and submits that the applicant / appellant is in jail and had some problems to engage the Advocate to represent him, and therefore in the said process, delay of 131 days has been caused in filing the appeal, which is neither intentional nor deliberate. She further submits that the delay has been properly explained and, therefore, deserves to be condoned.

2.

On the other hand, learned APP submits that this Court may pass appropriate orders.

3.

Upon hearing learned counsel appearing for the applicant and on perusal of the averments in the application for condonation of delay, we are 1/2

IA2664_21.doc satisfied that delay has been properly explained. In that view of the matter, delay in filing the appeal deserves to be condoned. Accordingly, delay stands condoned.

4.

Application stands disposed of.

(N. R. BORKAR, J.) (S. S. SHINDE, J.) MINAL SANDIP PARAB by MINAL SANDIP PARAB Date:

2022.02.22 17:08:00 +0530 Minal Parab 2/2