Prashant Prabhakar Janaskar v. State Of Maharashtra And ANR.

1 / 2 02-IA-4511-22-IN-APEAL-ST-21850-22---.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4511 OF 2022 IN CRIMINAL APPEAL (ST) NO.21850 OF 2022 Prashant Prabhakar Janaskar .... Applicant versus State of Maharashtra & Anr.

.... Respondents .......

• Mr. Kunal Pednekar a/w Divesh Mehani i/b. Aniket Vagal, Advocate for Applicant.

• Smt. M. R. Tidke, APP for the State/Respondent No.1.

CORAM

: SARANG V. KOTWAL, J.

DATE : 06th JANUARY, 2023 P.C. :

1.

This is an application for condonation of delay of 1 year 92 days in filing the Appeal. The only ground which was taken in the application is that after conviction, the Applicant was sent to jail and he was not aware of the legal procedure which was followed. Paragraph No.5 mentions that the certified Digitally signed by MANUSHREE V NESARIKAR Date:

2023.01.06 16:19:04 +0530 MANUSHREE V NESARIKAR copy of the Judgment was received on 15/11/2022. The date of impugned judgment is 15/07/2021. These grounds are not Nesarikar

2 / 2 02-IA-4511-22-IN-APEAL-ST-21850-22---.odt really tenable because in the impugned Judgment and Order in clause 10 and 11 it is specifically mentioned that the accused was informed that he had right to Appeal and that copy of the Judgment was given to the accused free of cost. 2.

Though the ground taken in the application is not acceptable, in the interest of justice, since this is the first Appeal provided under the statute and since the Applicant is in jail, the delay in filing the Appeal of 1 year and 92 days is condoned. 3.

The Appeal be processed further.

(SARANG V. KOTWAL, J.)