Bhimraj Gopinath Pagare v. State Of Maharashtra

7.3656.23 ia.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3656 OF 2023 IN CRIMINAL APPEAL ST NO. 18815 OF 2023 Bhimraj Gopinath Pagare ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Prashant D. Patil for the applicant Mrs. P. P. Shinde APP for the State CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 18th OCTOBER 2023 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant seeks condonation of delay of 16 years and 186 days caused in filing the aforesaid appeal. 3.

Perused the application. It appears from the application that the applicant was arrested on 14th January 2005 and has been in jail since then. It appears that after the demise of the applicant's wife, the 1/2

7.3656.23 ia.doc applicant's relatives could not take care of his children nor contacted him whilst he was in jail. It is stated that the applicant is uneducated and illiterate and being unaware of his legal rights, did not avail filing of an appeal against his conviction. It is further stated in the application that recently, one of applicant's son contacted him and informed him to take steps for his release. It is further stated by the applicant in the application that he was under a bonafide impression that after completion of 18 years, he would be released and hence, applicant's children asked his Advocate that why the applicant is not released on completion of his sentence, and they were informed that the applicant was convicted for life imprisonment. Pursuant thereto, the applicant has filed the aforesaid appeal. 4.

For the reasons set out in the application, we condone the delay of 16 years and 186 days caused in filing the aforesaid appeal. Application is accordingly allowed and disposed of. GAURI GODSE, J.

REVATI MOHITE DERE, J.

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