Jafar Khaja Mainuddin Mulla v. State Of Maharashtra

DAE 19-IA-4014-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4014 OF 2022 IN CRIMINAL APPEAL(ST) NO. 20332 OF 2022 Jafar Khaja Mainuddin Mulla ...Applicant/Appellant

Versus

The State of Maharashtra

...Respondent

Ms. Megha Bajoria, Appointed Advocate for Applicant/Appellant. Mr. Ajay Patil, APP for Respondent-State.

CORAM : A. S. GADKARI AND by DNYANESHWAR ASHOK ETHAPE Date: 2022.12.02 16:48:28 +0530 DNYANESHWAR ASHOK ETHAPE PRAKASH D.NAIK, JJ.

DATE : 30th NOVEMBER, 2022.

P.C.:- .

This is an application for condonation of delay of 10 years and 124 days in filing the present Appeal against conviction of Applicant/Appellant.

2.

Ms. Megha Bajoria, learned Advocate appointed to represent the Applicant submitted that, the Applicant is in jail since the date of his arrest i.e. 27th November, 2010. That, after pronouncement of the impugned Judgment and Order, for want of financial and legal assistance, the Applicant/Appellant could not prefer Appeal immediately before this Court within the period of limitation.

3.

It is submitted that, the Applicant/Appellant thereafter sent a letter to the Legal Aid Committee, High Court Mumbai through Jail, who 1/2

DAE 19-IA-4014-2022.doc inter-alia appointed her by its Appointment Order dated 15th July, 2022. That, she thereafter filed present Appeal along with Interim Applications for condonation of delay and for Bail. In the premise, the delay has occurred in filing present substantive Appeal.

4.

In view of the above, for the reasons stated in the Application and in the interest of justice the delay is condoned and Application is allowed in terms of prayer clause (a).

(PRAKASH D. NAIK, J.) (A. S. GADKARI, J.) 2/2