Eugeen Patrict C -11150 v. The State Of Mah. Thr. Pso Ps Ajni Tq. And Dist.Nagpur And Another

2023:BHC-NAG:15231 18 APPA-916-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION ( APPA ) NO.

OF 2023 [Eugeen Patrick C-11150 .Vrs. The State of Maharashtra and Anr.] _____________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms A. Sharma, Adv. h/f Mr S. R. Jaiswal, Advocate (Appointed) for Applicant. Ms M. H. Deshmukh, APP for Non-Applicant No.1/State.

CORAM

: ANIL L. PANSARE , J.

DATE :

th OCTOBER 3 .

CRIMINAL APPLICATION (APPA) NO.916 OF 2023 .

By this application, the Applicant is seeking to condone the delay of 236 days caused in filing the appeal against the judgment and order dated 15.10.2022 passed by the learned Extra Joint Additional Sessions Judge (Special Court) POCSO Court, Nagpur in Special Cri. (Child) Case No.609 of 2021, whereby the Applicant/Appellant has been convicted for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012.

2.

The learned Counsel for Applicant submits that the Applicant is in jail and has restrictions on movements. He has financial crunch as well and therefore, he could not appoint the Advocate. Ultimately, he sought Legal Aid, which was granted and Advocate has been appointed to file appeal.

TAMBE

18 APPA-916-2023 3.

In view of above and for the reasons set out in the Application, Criminal Application is allowed as prayed for. In other words, delay stands condoned. 4.

Appeal be registered.

CRIMINAL APPEAL (ST) NO.6945 OF 2023 5.

Heard. Admit. Call for Record and Proceedings. 6.

Issue notice to the Respondents. Ms Deshmukh, learned APP waives service of notice on behalf of the Respondent No.1/State.

7.

Registry to prepare the paper-book and list the appeal in according with Rules.

JUDGE TAMBE