Mohammad Aslam Amir Shaikh v. The State Of Maharashtra

904-APPLN-999-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 999 OF 2022 IN CRIMINAL APPEAL (ST) NO. 2590 OF 2022 Mohamad Aslma Amir Shaikh ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. R.B. Dhaware, Advocate for applicant Mr. R.V. Dasalkar, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT AND R.M. JOSHI, JJ.

DATE : 12th OCTOBER, 2022 PER COURT :

1.

This is an application for condonation of delay of 2109 days in preferring the appeal against judgment and order dated 05th April, 2016 passed in Session Trial No. 118 of 2014, whereby the applicant was convicted and sentenced to suffer life imprisonment.

2.

According to learned counsel for the applicant, he is in jail and tried to get help of Legal Aid Committee and in the year 2016 itself approached this Court for challenging the impugned judgment and order. However, the said proceedings were not traced out. 1 / 2

904-APPLN-999-22.odt 3.

Considering the fact that the applicant is in jail and that attempts were made by him way back in the year 2016 to challenge the impugned judgment and order, this is a fit case to condone the delay. 4.

In view of above, criminal application is allowed. ( R.M. JOSHI, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2