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Bombay High CourtAPPLN/1715/2023application allowed

Sachin S/O Laxman Pardeshi v. The State Of Maharashtra

2023-08-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 908 appln-1715.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CRIMINAL APPLICATION NO.1715 OF 2023 IN APEALST/4566/2023 SACHIN S/O LAXMAN PARDESHI

VERSUS

THE STATE OF MAHARASHTRA ...

Mrs. Vaishali Shinde, Advocate for the applicant. Mr. R.B. Bagul, A.P.P. for the respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

30th August 2023.

ORDER:- 1.

Heard.

2.

Issue notice to the respondent. Learned A.G.P. waives service for the respondent-State.

3.

Heard rival submissions.

4.

The applicant i.e. the original accused, who has been convicted by the judgment dated 19.02.2022 passed by learned Additioinal Sessions Judge, Aurangabad in Sessions Case No.183 of 2021, is seeking condonation of delay of 158 days for challenging the same. It appears that financial position of the applicant is not sound, and therefore, he submitted proposal for getting legal aid through the Legal Services Authority and thus, the delay of 158 days has occurred.

(2) 908 appln-1715.2023.odt 5.

The learned A.P.P. though opposed the application, but considering the statutory right of the applicant, the delay of 158 days in filing criminal appeal against the conviction, stands condoned.

6.

The appeal be registered after removal of office objections, if any.

(SANDIPKUMAR C. MORE, J.) vd_dhirde