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Bombay High CourtAPPLN/938/2023application allowed

Guman Vajarya Pawara v. The State Of Maharashtra

2023-03-16Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Y. G. Khobragade2 pages

907Appln-938-23 JPChavan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CRIMINAL APPLICATION NO.938 OF 2023 IN CRIMINAL APPEAL ST. NO.2355/2023 GUMAN VAJARYA PAWARA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rupesh Anil Jaiswal APP for Respondent State: Mr. A. M.Phule

CORAM

: SMT. VIBHA KANKANWADI & Y. G. KHOBRAGADE, JJ.

DATE :16th March, 2023 ORDER:

1.

The present application has been filed for condonation of delay of 2162 days in filing appeal.

2.

The applicant intends to challenge his conviction in Sessions Case No.214/2013 by the learned Additional Sessions Judge, Dhule for the offence punishable under section 302 of the Indian Penal Code on 31.01.2017.

3.

Heard Mr. Jaiswal, learned Advocate for the applicant and learned APP for the respondent State.

4.

Though the learned APP has strong objection, it is to be noted that the applicant/appellant is in jail since 3rd September, 2013. He is

907Appln-938-23 illiterate, poor and to him legal aid was required to be given. Under such circumstance, we condone the delay for the reasons stated. The application stands allowed and disposed of.

5.

Registry to verify and register the appeal.

(Y. G. KHOBRAGADE, J.) (SMT. VIBHA KANKANWADI, J. )