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Bombay High CourtIA/3416/2022disposed off

Nikhil Govind Lalwani v. State Of Maharashtra And ANR.

2023-01-25Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

1 / 2 07-IA-3416-22-IN-APEAL-ST-16625-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3416 OF 2022 IN CRIMINAL APPEAL (ST) NO.16625 OF 2022 Nikhil Govind Lalwani .... Applicant versus State of Maharashtra & Anr.

.... Respondents .......

• Mr. P. B. Gujar, Advocate for Applicant.

• Mr. S. R. Agarkar, APP for the State/Respondent No.1.

CORAM

: SARANG V. KOTWAL, J.

DATE : 25th JANUARY, 2023 P.C. :

1.

This is an application for condonation of delay of 14 days in filing the Appeal. The Applicant was convicted and sentenced by the Special Judge under POCSO Act, vide his Judgment and Order dated 02/07/2022 passed in Special POCSO Sessions Case No.36/2018.

Digitally signed by MANUSHREE V NESARIKAR Date:

2023.01.30 11:18:42 +0530 MANUSHREE V NESARIKAR 2.

The Applicant was convicted for commission of offence punishable u/s 4 and 6 r/w 5(l) and u/s 12 of the Protection of Nesarikar

2 / 2 07-IA-3416-22-IN-APEAL-ST-16625-22.odt Children from Sexual Offences Act, 2012 and u/s 376(2)(i) and 506 of the Indian Penal Code.

3.

Learned counsel for the Applicant submitted and it is also mentioned in the application that he is in poor financial state. Only his mother from his family is looking after him and even she is suffering from financial crisis. She could not immediately take steps to prefer his Appeal on behalf of the Applicant.

4.

Considering these submissions and reasons and also taking into account that the delay is small and in the interest of justice, the delay of 14 days in preferring the Appeal, is condoned.

5.

The Appeal be processed further.

(SARANG V. KOTWAL, J.)