Ashok @ Lodhrya Mangelal Pawar v. The State Of Maharashtra

Osk 22-IA-3418-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3418 OF 2022 IN CRIMINAL APPEAL (ST.) NO. 16672 OF 2022 Ashok @ Lodhrya Mangelal Pawar ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent Ms. Farhana Shah for Applicant/Appellant.

Mr. Ajay Patil, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 1st December 2022.

P.C. :

1.

This is an application for condonation of delay of 4 years, 8 months and 18 days (1722 days) in filing present Appeal against conviction. 2.

Ms.Shah, learned Advocate appointed to represent Appellant submitted that, since the date of his arrest the Applicant is behind bars. That after pronouncement of the impugned Judgment and Order, for want of financial aid and legal assistance, he could not prefer appeal. She further submitted that, as a matter of fact after receipt of a letter through jail from the Applicant, the High Court Legal Services Committee, Mumbai had appointed an Advocate to file appeal against 1/2

Osk 22-IA-3418-2022.odt conviction. However, the concerned Advocate did not do the needful and that is also one more reason in adding some days in delay. She submitted that, she was subsequently appointed by the High Court Legal Services Committee by Appointment Order dated 20th September 2022 and thereafter she immediately filed present appeal on 28th September 2022. 3.

In view of above, for the reasons stated in the Application and in the interest of justice, delay is condoned and Application is allowed in terms of prayer Clause 10(a).

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.12.03 17:17:48 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2