Kalpesh Wadilal Shah v. The State Of Maharashtra

19-ia-1500-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by Dinesh S.

Sherla Date:

2021.01.27 14:23:32 +0500 Dinesh S.

Sherla INTERIM APPLICATION NO. 1500 OF 2019 IN CRIMINAL APPEAL (ST) NO. 1652 OF 2019 Kalpesh W. Shah ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent ---------------- Mr. Ashish Satpute, Appointed Advocate for the Applicant/Appellant.

Mr. R.M. Pethe, APP for the Respondent - State. ----------------

CORAM

:

N.R. BORKAR, J.

DATE :

JANUARY 25, 2021.

P.C.

1] This application, which is received through Jail, is for condonation of delay of approximately one year in fling the appeal against the judgment and order dated 8th January 2019 passed by the learned Additional Sessions Judge-1, Vasai in POCSO Special Case No. 42 of 2016, by which, the applicant has been convicted under Section 4 of the Protection of Children From Sexual Ofences Act, 2012 (for short "POCSO Act").

Dinesh Sherla 1/2

19-ia-1500-19.doc 2] For the reasons stated in the application and as the appeal is against the judgment of conviction, I am inclined to condone the delay in fling the appeal. Hence, the following order is passed.

A] Interim Application is allowed.

B] Delay in fling the appeal is condoned.

C] Appeal be registered and it be placed for admission along with Bail Application.

D] OfÏce to communicate this order to the applicant, who is lodged in Kolhapur Central Prison, Kalamba. (N.R. BORKAR, J.) Dinesh Sherla 2/2