Ashok Ganpat Bhise v. The State Of Maharashtra Thr Ps Malkapur Rural Police Station Malkapur Dist Buldhana

(1) 905appa840.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.840/2025 Ashok Ganpat Bhise .VS. State of Maharashtra --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. K. Dahat, Appointed Advocate for applicant. Mrs. R. Sharma, A.P.P. for respondent.

CORAM :

ANIL L. PANSARE AND Y. G. KHOBRAGADE, JJ.

DATE :

OCTOBER 7, 2025 By present application, the applicant, who is convicted for an offence punishable under Section 302 of the Indian Penal Code, 1860 is seeking to condone the delay of 608 days in filing the appeal.

2.

Learned counsel for the applicant submits that the applicant is a poor person and is confined in jail. He further submits that he has restrictions of movement and, therefore, could not collect the documents and appoint advocate of his choice. He came to know that he could get services of an advocate through Legal Aid Panel and accordingly he approached the High Court Legal Services Sub Committee, Nagpur. In the process, there occurred delay of 608 days. 3.

Learned A.P.P. has opposed the application, contending that the delay has been not explained. However, considering the submissions made by the applicant's counsel, it appears that the applicant was under financial crisis as also had restrictions of movement and, therefore, could not collect the papers and appoint an advocate. The delay is thus justified. 4.

The application is accordingly allowed. Delay is condoned. Office shall register the appeal.

5.

The application is disposed of.

(2) 905appa840.25 Criminal Appeal Stamp No. 8472/2025 Heard.

2.

Admit. Call record and proceedings.

3.

Learned A.P.P. waives service of notice for the respondent - State.

Criminal Application No.8474/2025 Heard.

2.

Issue notice to the non applicant, returnable after Diwali Holidays.

3.

Learned A.P.P. waives service of notice for the non applicant - State.

(JUDGE) (JUDGE) Kahale