Ramlal S/O Shankar Kumare ( In Jail) v. The State Of Maharashtra Thr. The P.S.O.
1 0608apeal202.13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 202 OF 2013.
Ramlal Shankar Kumare ..vs.. The State of Mah. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.D.K.Kukday, Adv. (appointed) for the appellant. Mr.S.S.Doifode, APP for the Sate.
CORAM : A.B.CHAUDHARI AND P.N.DESHMUKH, JJ.
DATED : AUGUST 6, 2015.
In this case the conviction was recorded by trial court on 24th of May, 2007 and accused was convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to life imprisonment.
The Legal Aid Committee processed the filing of appeal and appeal was ultimately filed in this Court after delay of 2007 days. This Court by order dated 15th of March, 2013 condoned the said delay obviously because the appellant has been in jail. Earlier, this Court had similar experience in some appeals arising from Washim district. The report was made to us that due to lapse of period of about eight years district Court administration destroyed the records of the Trial Court i.e. evidence, documents, etc. which resulted in creating handicap in deciding the appeal. We have, therefore, summoned Mr.N.Y.Doye, Establishment Officer, High Court Legal Aid Sub Committee, Nagpur. It is clear from what we have heard from him is that he allotted the cases to the Advocates on the Panel of Legal Aid, however, no attempt was made to have follow up thereof as to whether the appeals were filed or not. As a result, the present case also was filed after such long period. We now expect Establishment Officer to visit the office of Advocate Mr.Kukday and find out the files allotted to Mr.Kukday or
2 0608apeal202.13.odt other Advocates who were allotted the cases and who have not filed appeals within limitation and make the report to this court in writing on Tuesday (11/8/2015). Mr.Doye to visit the office of Advocate Mr.Kukday and find out the cases under his guidance. Stand over to 11th of August, 2015.
JUDGE JUDGE Chute.