Mukhtar Abdul Sattar Shaikh v. The State Of Maharashtra

2-IA-3882-2023-APEALST-19826-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3882 OF 2023 IN CRIMINAL APPEAL (ST) NO. 19826 OF 2023 Mukhtar Abdul Sattar Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

Mrs. Sonia Miskin for the Applicant.

Mr. J. P. Yagnik, APP for the State.

CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 28th NOVEMBER 2023 P. C. :

1.

By this application, preferred by the applicant through the Legal Services Authority, the applicant seeks condonation of delay of 10 years and 37 days caused in filing the aforesaid appeal. 2.

In paragraph 2 of the aforesaid application, it is stated that the applicant had approached the Legal Aid Committee in 2013 for filing an appeal, by appointing an Advocate to represent him Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2023.11.30 12:56:48 +0530 RAJESHWARI RAMESH PILLAI 1/2

2-IA-3882-2023-APEALST-19826-2023.doc before the concerned court and as such was under a bonafide impression, that an appeal against his conviction has been filed. It is further stated that recently he searched for the status of the appeal and learnt that no such appeal has been filed. The aforesaid application alongwith appeal has been filed by the applicant through jail.

3.

It appears from the office noting that two of the co-accused had filed appeals against their conviction i.e. Criminal Appeal No. 189 of 2015 and Criminal Appeal No. 880 of 2013 and that both the said appeals have been dismissed by this court vide judgment and order dated 14th July 2015.

4.

Considering the circumstances in which the application/appeal is filed, the application is allowed, and delay of 10 years and 37 days caused in filing the appeal is condoned. 5.

Interim Application is disposed of in the above terms. GAURI GODSE, J.

REVATI MOHITE DERE, J.

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