Jitendra Mohan Walmiki v. The State Of Maharashtra

ssm 1 25-ia3170.22-in-apealst15801.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3170 OF 2022 IN CRIMINAL APPEAL (ST) NO. 15801 OF 2022 Jitendra Mohan Walmiki .....Applicant Vs.

The State Of Maharashtra .....Respondent Mr. Shashikant P. Chaudhari appointed Advocate a/w Adv. Snehal Chaudhari for the Applicant.

Mrs. S.D. Shinde APP, for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 7th DECEMBER, 2022.

P.C.:- This is an Application for condonation of delay of 9 years and 241 days in preferring substantive Appeal against the conviction. 2) Learned Advocate for the Applicant submitted that, the impugned Judgment and Order was passed on 20th November, 2012 and on the date of passing of the impugned Judgment and Order, for want of legal and financial assistance, the Applicant could not prefer Appeal within the period limitation. That, the Applicant subsequently sent a letter to the High Court Legal Services Committee, Mumbai from jail and thereafter the present Advocate came to be appointed by Appointment Order dated 15th 1/2

ssm 2 25-ia3170.22-in-apealst15801.22.doc September, 2022. The Application along with Appeal immediately thereafter filed on 16th September, 2022.

3) In view of above, for the reasons stated in the Application and in the interest of justice, we are inclined to condone the delay. 4) Delay is accordingly condoned and Application is allowed in terms of prayer clause (a).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2022.12.17 18:14:12 +0530 SANJIV SHARNAPPA MASHALKAR 2/2