Shaikh Nazim Shaikh Annu v. State Of Mah. Thr. Pso-Daryapur, Dist. Amravati And Another.

APPA.1044.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

CRIMINAL APPLICATION (APPA) NO. 1044/2023 IN CRIMINAL APPEAL (ST) NO.6919/2023 Shaikh Nazim Shaikh Annu .. Applicant/s versus The State of Maharashtra and another ..Respondent/s ............................................................................................................. Mr.S.S.Das, Advocate (appointed) for the applicant Ms.Swati Kolhe, APP for Respondent no.1 ..............................................................................................................

CORAM

: ANIL L. PANSARE, J.

DATE D : 23rd October, 2023.

PC:

By present application, the applicant is seeking condonation of delay of 145 days in filing the Appeal against conviction. The applicant has been convicted by the judgment and order dated 25.01.2023 passed by learned Addl.Sessions Judge, Court No.2 Achalpur, in Spl.Case No.58/2020, for the offences punishable u/ss. 376-AB of the IPC and Sections 4 & 6 of the Protection of Children from Sexua offences Act, sentencing him to suffer RI for twenty years. The learned counsel for the applicant submits that the delay has occurred because the applicant was in jail and, therefore, had restrictions on his movements. Furthermore, he has no financial resources. Ultimately, he made an application seeking legal aid. Thereafter the counsel was appointed on his behalf. Learned APP has opposed the application.

For the reasons stated by the learned counsel and the reasons set out in the application, the Application is allowed as prayed

APPA.1044.23 for. The delay of 145 days in filing the Appeal is hereby condoned. The Appeal be registered.

CRI.APPEAL (ST) NO.6919/2023 Heard.

Admit.

Call R & P.

The R & P be furnished in hard copy as well as soft copy. Learned APP waives service on behalf of the Respondent no.1State. [ANIL L. PANSARE, J.] sahare