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Bombay High CourtIA/881/2023allowed

Ganpat @ Dadaso Ramchandra Sawant v. State Of Maharashtra And ANR.

2024-06-11Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by CHAITANYA ASHOK JADHAV Date:

2024.06.12 15:31:21 +0530 CHAITANYA ASHOK JADHAV 1/2 38-Ia-881-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 881 OF 2023 IN CRIMINAL APPEAL (St) NO. 3156 OF 2023 Ganpat @ Dadaso Ramchandra Sawant .. Applicant/ Appellant

Versus

State Of Maharashtra And Anr.

.. Respondents ...

None for the Applicant/Appellant.

Ms. A. A. Takalkar, A.P.P. for the State/Respondent. ...

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 11th JUNE, 2024 P.C:- 1.

The present Interim Application is filed seeking condonation of delay of 3 years and 72 days in filing the Appeal, on being aggrieved by the Judgment and Order dated 26.09.2019.

2.

Though Ms. H. M. Wavhal was appointed through the Legal Aid to represent the Applicant/Appellant is not present, with the able assistance of Ms. Takalkar, the learned A.P.P. we have perused the Application.

In paragraph No.3 the Application is proceed to Chaitanya

2/2 38-Ia-881-2023.odt state that the Applicant is a poor person without having any knowledge of the law and the procedure. As a result he could not file Appeal in time and after obtaining the certified copy of the Judgment, the panel Advocate was appointed to represent him and the Appeal came to be filed.

3.

The reason being bonafide and since the Appellant is convicted for an offence punishable under Section 376, 323, 504, 506 of the IPC and being sentenced, we deem it appropriate to condone the delay.

Resultantly, Interim Application made absolute in terms of prayer clause "A".

(MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.) Chaitanya