Rajendra Tukaram Chaudhary v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3869 OF 2022 IN CRIMINAL APPEAL (STAMP) NO.18804 OF 2022 Rajendra Tukaram Chaudhary Applicant versus The State of Maharashtra Respondent Mr.Sushan Mhatre, appointed advocate for Applicant. Mrs.S.D.Shinde, APP, for State.

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

DATE : 15th December 2022 PC :

1.

This is an application for condonation of delay of 4 years 8 days in filing substantive appeal against conviction. 2.

Learned Advocate appointed to represent Applicant submitted that, the Applicant is behind the bars since October 2013 and on the date of pronouncement of impugned judgment and order, for want of financial and legal assistance, he could not prefer appeal within the period of limitation. He submitted that the Applicant subsequently sent a letter to the High Court Legal Services Committee, Mumbai and in furtherance thereof, he came to be appointed by Appointment Order dated 17th October 2022. He thereafter immediately filed MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.12.20 10:36:08 +0530 present appeal and present application on 4th November 2022.

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In view thereof, for the reasons stated in the application and in the interest of justice, delay is condoned and application is allowed in terms of prayer clause (b).

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