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Bombay High CourtIA/4512/2022disposed off

Sunny Kurna Lama v. State Of Maharashtra

2023-03-21Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

CAJ 50-Ia-4512-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4512 OF 2022 IN CRIMINAL APPEAL (ST) NO. 21907 OF 2022 Sunny Kurna Lama ... Applicant/Appellant V/s.

State Of Maharashtra ... Respondent Ms. Pranali P. Kakade Appointed Advocate for Applicant/Appellant. Mrs. G. P. Mulekar APP, for Respondent State. CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 21st MARCH, 2023.

P.C. :

1.

This is an Application for condonation of delay of 7 years and 54 days in preferring present Criminal Appeal against conviction. 2.

Ms. Kakade, learned Advocate appointed to represent Applicant submitted that, Applicant is behind bars since the date of his arrest i.e. 25th December, 2012 and on the date of pronouncement of impugned Judgment and Order i.e. 21st August, 2018 for want of legal and financial assistance he could not prefer an Appeal within the period of limitation. She submitted that, subsequently other two co-accused preferred Appeals against conviction and their Appeals have been admitted by this court by condoning the delay.

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CAJ 50-Ia-4512-2022.odt 3.

In view thereof 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.) 2/2