Madhukar Radhaji Fugnar v. The State Of Maharashtra

1 32 cra 215-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CRIMINAL APPLICATION NO.215 OF 2022 IN APEALST/585/2022 MADHUKAR RADHAJI FUGNAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Razvi Syed Mubashir Ali APP for Respondent-State: Mr. S. S. Dande ....

CORAM :

V. K. JADHAV AND SANDIPKUMAR C. MORE, JJ.

DATED : 14th FEBRUARY, 2022.

....

P. C. :

1.

Heard.

2.

Issue notice to the respondents. Learned APP waives notice for respondent-State.

3.

The applicant was convicted for the offence punishable under Section 302 of IPC by the learned Additional Sessions Judge, Gangakhed by judgment and order of conviction dated 28/09/2018 in Session Trial No. 27 of 2016 and sentenced to suffer imprisonment for life and to pay a fne of Rs.1,000/-, in default, to suffer RI for a period of one month. There is a delay of 1131 days caused in fling criminal appeal against the judgment and order of conviction.

2 32 cra 215-22 4.

Learned counsel for the applicant / accused submits that due to weak fnancial condition, the applicant could not fle the appeal within time. Learned counsel submits that the applicant/accused has allegedly committed murder of his wife and as such there is no one in his family to look after his case. The applicant / accused was under trial and is in jail since date of his arrest. 5.

Learned APP submits that an appropriate order may be passed.

6.

It appears that the applicant / accused was under trial and he has allegedly committed the murder of his wife. Thus, no one in the family has looked after his case. Further more his economic condition is also poor. It further appears that the applicant is illiterate and as such he was not knowing to fle an appeal against the judgment and order of conviction. Thus, considering the entire aspect of the case and for the reasons stated in the application, we allow this application in terms of prayer clause "B". 7.

Criminal application is accordingly disposed of. (SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.) vsm/-