Arbaj Ayyub Shaikh v. The State Of Maharashtra

1/2 15 APEALST-9359-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2024.06.12 21:15:07 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL (ST) NO.9359 OF 2023 WITH INTERIM APPLICATION NO.2013 OF 2023 Arbaj Ayyub Shaikh ..

Appellant

Versus

The State of Maharashtra ..

Respondent ...

None for the Applicant.

Ms.S.S.Kaushik, A.P.P. for the State/Respondent. ...

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 12th JUNE, 2024 P.C:- INTERIM APPLICATION NO.2013 OF 2023 1.

None for the Applicant.

2.

We have perused the Application, which seek condonation of delay of 176 days in filing the Appeal, being aggrieved by the Judgment delivered by the Additional Sessions Judge at Solapur in Sessions Case No.107 of 2020, convicting the Applicant under Sections 302 and 364 of IPC. M.M.Salgaonkar

2/2 15 APEALST-9359-23.odt Upon perusal of the Application, it is apparent that the procedural difficulties hindered the filing of the Appeal. Moreso, it is indicated that due to family related problems and financial compulsions, the Advocate could approached only on 21/04/2023 and the necessary documents were handed over to him.

Finding sufficient justification in the cause for approaching this Court with a delay of 176 days and finding that the delay is not malafide, but is on account of the difficulties set out in paragraphs 3 to 5 of the Application, Interim Application is made absolute in terms of prayer clause (a).

CRIMINAL APPEAL (ST) NO.9359 OF 2023 3.

Admit.

4.

The learned A.P.P. waives service on behalf of the State. (MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.) M.M.Salgaonkar