Laxman Madhukar Sarnaik v. The State Of Maharashtra

1 of 2 39.IA.3383.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3383 OF 2022 IN CRIMINAL APPEAL (STAMP) NO.16548 OF 2022 Laxman Madhukar Sarnaik Applicant versus The State of Maharashtra Respondent Ms.Dhanalakshmi Iyer present for Applicant.

Mrs.M.H.Mhatre, APP, for State.

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

DATE : 6th December 2022 PC :

1.

This is an application for condonation of delay of 13 years and 218 days in filing substantive appeal against conviction. 2.

Learned Advocate appointed to represent Applicant submitted that Applicant is in jail since the date of his arrest i.e. from 9th April 2007 and on the date of pronouncement of impugned Judgment and Order dated 22nd December 2008 in Sessions Case No.117 of 2007, for want of legal and financial assistance, he could not prefer appeal within the period of limitation. That, the Applicant thereafter filed an application before High Court Legal Services Committee, Mumbai for providing him legal aid and in furtherance thereof, present Advocate was appointed by Appointment Order dated 15th MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.12.12 15:21:09 +0530

2 of 2 39.IA.3383.2022.doc September 2022. He submitted that in the said process the delay has occurred.

3.

In view of the above, for the reasons stated in the application and in the interest of justice, we are inclined to condone the delay. 4.

The delay is accordingly condoned. Interim Application is allowed in terms of prayer clause (a).

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST