Ashish S/O Manohar Verma v. The State Of Mha. Thr. Pso Imamwada Nagpur And Another

2023:BHC-NAG:13578 1 appa 332.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (APPA) No.

of 20 in Criminal Appeal No. of 2023 [Ashish S/o Manohar Verma ..vs.. The State of Maharashtra through P.S.O., Imamwada, Nagpur and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Shaikh Sabahat Ullah, Advocate for the applicant/appellant Mr. A. R. Chutake, APP for the State CORAM : ANIL L. PANSARE J .

DATED : 12-9 -202 Non-applicant no. 2/victim is present before the Court. She makes a request for legal aid.

Learned counsel Ms. Kirti Deshpande is appointed to appear on behalf of non-applicant no. 2/victim. The High Court Legal Services Sub Committee, Nagpur is directed to hand over the case papers to the learned counsel (appointed) for non-applicant no. 2. By the present application, the applicant is seeking to condone the delay of 85 days in filing appeal against the judgment and order dated 22-9-2022 passed by the Extra Joint Additional Sessions Judge, Nagpur in Spl. POCSO Case No. 200/2019 whereby the applicant has been convicted.

Learned counsel for the applicant submits that the delay has been caused because the applicant has been in jail and has restriction on his movement. He could not collect the documents in time and could not appoint the Advocate in time.

2 appa 332.2023.odt In view of the above and for the reasons set out in the application, the application is allowed. Appeal be registered.

Criminal Appeal No. of 2023 Heard.

Admit.

Call R & P.

Learned Additional Public Prosecutor Mr. A. R. Chutake waives service for the State/respondent no. 1 and learned counsel Ms. Kirti Deshpande waives service for respondent no. 2.

Criminal Application St. No. 1417 of 2023 Issue notice.

Learned Additional Public Prosecutor Mr. A. R. Chutake waives service for the State/non-applicant no. 1 and learned counsel Ms. Kirti Deshpande waives service for non-applicant no. 2.

Learned counsel for the applicant has not filed copies of deposition. He shall file compilation of documents upon which he intends to rely. At his request, stand over to 26-9-2023.

(Anil L. Pansare, J.) wasnik