Allauddin Hakimansar Ansari v. State Of Maharashtra And ANR.

Osk 8-IA-4261-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4261 OF 2022 IN CRIMINAL APPEAL (ST.) NO. 20661 OF 2022 Allauddin Hakimansar Ansari ... Applicant/Appellant V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Karthik Rajasekhar, Appointed Advocate for Appellant. Mr. Ajay Patil, A.P.P. for Respondent No.1-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 9th March 2023.

P.C. :

1.

This is an application for condonation of delay of 305 days in preferring the present Appeal against conviction. 2.

Learned Advocate appointed to represent Applicant/Appellant submitted that, the Applicant is behind bars since 15th September 2016 and on the date of passing of the impugned Judgment and Order i.e. 30th November 2021 for want of legal and financial assistance, he could not prefer Appeal within the period of limitation. That, the Applicant subsequently addressed a letter to the High Court Legal Services Committee, Mumbai and in furtherance thereof, present Advocate came to be appointed by an Appointment Order dated 23rd May 2022. He submitted that, after 1/2

Osk 8-IA-4261-2022.odt receipt of necessary papers from the Legal Aid Committee, he immediately filed present Application and Appeal in this Court. That in the said process, present delay has occurred.

3.

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 (a).

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.03.10 11:46:26 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2