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Bombay High CourtIA/3705/2023delay condonatedrejected

Noor Alam Abdul Aziz v. State Of Maharashtra

2023-10-18Hon'Ble Justice Revati Mohite Dere,Hon'Ble Ms. Justice Gauri Godse2 pages

8.3705.23 ia.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3705 OF 2023 IN CRIMINAL APPEAL ST NO. 19091 PF 2023 Noor Alam Abdul Aziz ...Applicant

Versus

State of Maharashtra

...Respondent

None for the appellant Mr. V. B. Konde Deshmukh APP for the State CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 18th OCTOBER 2023 P.C. :

1.

By this application, the applicant seeks condonation of delay of 7 years and 103 days caused in filing the aforesaid appeal. 2.

Perused the application with the assistance of the learned APP. It appears that the applicant was represented by the Legal Aid counsel during the trial; that he has no relatives in Mumbai and as such was unaware of his right to file an appeal. It also appears that the aforesaid 1/2

8.3705.23 ia.doc appeal has been filed through High Court Legal Services Authority and as such, the applicant has prayed that the delay be condoned, since the applicant was unaware of his legal right to file an appeal. 3.

Considering what is stated in the application, the application is allowed and the delay of 7 years and 103 days caused in filing the aforesaid appeal is condoned.

4.

Application is disposed of.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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