Kamlesh S/O Dipak Kudmethe v. State Of Maharashtra Thr Pso Ps Wardha

12appa468.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION ( APPA ) NO.

OF 2025 IN CRIMINAL APPEAL STAMP NO. 4322 OF 2025 Kamlesh s/o Dipak Kudmethe Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Nikhil Dawda, counsel h/f Mr. A.M. Jaltare, counsel for applicant. Mr. Aditya Gohokar, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 12/06/2025.

1.

Heard.

2.

By this application, the applicant is seeking condonation of delay, which is caused in preferring the appeal against the conviction.

3.

It is submitted on behalf of the applicant that applicant was not aware about the legal provisions, and therefore, he has not contacted his counsel and could not file the appeal. Moreover, his financial condition is not sound, and therefore, he could not approach his counsel to prefer an appeal.

4.

Learned APP strongly opposed the said application and submitted that the reasons mentioned in the application are not satisfactory, and therefore, the application deserves to be rejected.

rkn

12appa468.2025.odt 5.

Considering the right of the present applicant, who is a convict, is a statutory right to prefer the appeal. The reasons mentioned in the application appears to be satisfactory. While considering the delay application, the liberal approach is to be adopted. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order.

a] Criminal application is allowed.

b] The delay of 18 days is hereby condoned.

c] The appeal be registered along with suspension of sentence application.

[URMILA JOSHI-PHALKE, J.] rkn