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Bombay High CourtIA/3876/2022allowed

Gangaram Laxman Dhadve v. State Of Maharashtra

2023-03-06Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

ssm 1 10-ia3876.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3876 OF 2022 IN CRIMINAL APPEAL (STAMP) NO. 18842 OF 2022 Gangaram Laxman Dhadve .....Applicant.

Vs.

The State Of Maharashtra .....Respondent Mr. Kushal C. Mor Advocate appointed for the Applicant. Ms. G.P. Mulekar APP, for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 6th MARCH, 2023.

P.C.:- 1) This is an Application for condonation of delay of 1 year and 178 days in preferring present Criminal Appeal against conviction. 2) Mr. Mor, learned Advocate appointed to represent Applicant submitted that, Applicant is behind bars since 19th October, 2018 and on the date of pronouncement of impugned Judgment and Order i.e. 25th February, 2021, for want of legal and financial assistance, he could not prefer an Appeal within the period of limitation. That, Applicant thereafter sent a letter to High Court Legal Services Committee, Mumbai for appointment of an Advocate to represent him and in pursuance thereof, present Advocate 1/2

ssm 2 10-ia3876.22.doc has been appointed by Appointment Order dated 31st May, 2022 by the Committee, Mumbai. That, as the papers of the present case were not handed over to him at the time of Appointment Order, he could not prefer the Appeal immediately. He submitted that, as soon as he received papers of the present case, he filed the present Appeal. That, in the aforestated process, the delay has occurred.

3) In view thereof, for the reasons stated in Application and in the interest of justice, delay is condoned and Application is allowed in terms of prayer clause 8 (a).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2