Anil S/O Laxmanrao Mohod v. The State Of Maharashtra, Thr. Pso, Police Station Morshi, Tah. Morshi, Dist. Amravati

(1) appa251.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 251/2023 Anil s/o Laxmanrao Mohod (In jail) .vs. State of Maharashtra, through PSO P.S. Morshi, Tq. Morshi, Dist. Amravati ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Mr. A. M. Balpande, Advocate appoitned for applicant. Mr. A. M. Kadukar, A.P.P. for non applicant.

CORAM :

ANIL L. PANSARE, J.

DATE : MARCH 2, 2023.

The applicant is seeking to condone the delay of 600 days caused in filing appeal against the judgment and order dated 24.06.2021 passed by Additional Sessions Judge, Amravati in Sessions Case No.41/2016, whereby learned Additional Sessions Judge, Amravati convicted the applicant for the offence punishable under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine.

2.

Learned counsel for the applicant submits that as per the registry, considering the order passed by the Hon'ble Apex Court during Covid-19 pandemic, the delay is of 299 days. 3.

The delay has been caused because the applicant is in jail. He had restrictions to communicate with his relatives and to give instructions. He is in financial difficulty as well. It took some time to provide him legal aid and ultimately Mr. Balpande, learned counsel has been appointed by the High Court Legal Services Sub Committee, Nagpur.

(2) appa251.23 4.

In view of above and for the reasons set out in the application, the application is allowed. Delay in filing the appeal is condoned. The appeal be registered.

The application is disposed of.

Criminal Appeal Stamp no.1714/2023 Heard.

Admit. Call for the record and proceedings.

Registry to process the appeal for final hearing as per the rules.

(Anil L. Pansare, J.) kahale ARVIND KAHALE 18:40