Arif Riyaz Ghodeshwar v. The State Of Maharashtra

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29. APPA 1394-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1394 OF 2019 IN CRIMINAL APPEAL (ST) NO. 1114 OF 2019 Shri. Arif Riyaz Ghodeshwar ...Applicant.

vs.

The State of Maharashtra

...Respondent

---- Mr. Vaibhav V.Ugle for the applicant.

Smt. S.D.Shinde, APP for the State.

---- CORAM : B. P. DHARMADHIKARI & N.R.BORKAR, JJ.

DATE : 14TH JANUARY, 2020.

P.C.:

Prayer of prisoner in jail is to condone delay of 323 days in filing appeal under Section 12 of Maharashtra Control of Organized Crime Act, 1999.

2.

In appeal, he has questioned order dated 27th August, 2018. As he is in jail, he could not file appeal within stipulated period of 30 days. The fact that he is in jail is not in dispute. By impugned order, his prayer for bail has been rejected.

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29. APPA 1394-2019.doc 3.

Learned APP has submitted that there are no just and sufficient reasons to condone delay. However, the fact that prisoner is in jail is itself sufficient.

4.

As we do not see any malafides, we condone delay. Office to register appeal.

(N.R.BORKAR, J.) (B. P. DHARMADHIKARI, J.)