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Bombay High CourtIA/3195/2022disposed off

Raju Kakdya Farle v. State Of Maharashtra

2022-12-05Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

CAJ 37-Ia-3195-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3195 OF 2022 IN CRIMINAL APPEAL (ST) NO. 15601 OF 2022 Raju Kakdya Farle ... Applicant/Appellant V/s.

The State Of Maharashtra ... Respondent Mr. Hrishikesh Chavan Appointed Advocate for Applicant/Appellant. Mr. Ajay Patil, APP for Respondent-State.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 5th DECEMBER, 2022.

P.C. :

1.

This is an Application for condonation of delay of 13 years and 154 days in preferring present Appeal against conviction. 2.

Mr. Chavan, learned Advocate appointed to represent Applicant submitted that, Applicant is behind bars since May 2008 and on the date of pronouncement of impugned Judgment and Order i.e. 12th February, 2009 for want of legal and financial assistance he could not prefer an Appeal within the period of limitation. That, Applicant thereafter sent a letter to High Court Legal Services Committee, Mumbai for appointment of an Advocate to represent him. That, thereafter he was appointed on 12th July, 2022 and thereafter he filed present Application alongwith substantive 1/2

CAJ 37-Ia-3195-2022.odt Appeal. In this entire process, the aforestated delay has occurred. 4.

In view of the above; for the reasons stated in Application and in the interest of justice, delay is condoned and Application is allowed in terms of prayer clause "a".

[PRAKASH D. NAIK, J.] [A.S. GADKARI, J.] 2/2