Rajesh S/O Suresh Kambli v. State Of Mah. Thr. Pso Ps Desaiganj Dist.Gadchiroli

2023:BHC-NAG:16100 1 3-Cri.APPA No.1168.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.

OF 20 IN CRIMINAL APPEAL (ST.) NO. 8722 OF 2023 Rajesh S/o Suresh Kambli ..VS..

The State of Maharashtra through PSO, P.S. Desaiganj, Dist. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Sonali Saware Gadhawe, Advocate (appointed) for applicant. Ms. M.H. Deshmukh, APP for non-applicant/State. CORAM : A NIL L. PANSARE , J.

DATED : NOVEMBER 0 4 , 20 23.

1.

Heard.

2.

By this application, the applicant is seeking to condone the delay of 617 days in filling the Appeal against the Judgment and order dated 14.12.2021 passed by the learned Sessions Judge, Gadchiroli in Session Case No.15/2020, whereby the applicant/appellant has been convicted for the offences punishable under Sections 376(1), 376 (2) (m), and 307 read with Section 181 of Indian Penal Code.

3.

The learned Counsel for the applicant submits that delay has occurred because the applicant is in Jail and has restrictions on movements. He could not collect the documents in time. He is in financial difficulties as well and therefore could not appoint an Advocate. Ultimately, he sought legal aid and an Advocate has now

2 3-Cri.APPA No.1168.2023 been appointed.

4.

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.

5.

Appeal be registered.

CRIMINAL APPEAL (ST.) NO. 8722 OF 2023 Heard. Admit. Call Record and Proceedings.

2.

Ms. M.H. Deshmukh, the learned APP waives service on behalf of the respondent No.1/State. 3.

The Registry to process the Appeal as per Rules.

(ANIL L. PANSARE, J.) Kirtak.