Balaji Naroji Kharat @ Bala v. State Of Maharashtra And ANR.

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21-IA-50-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.50 OF 2024 IN CRIMINAL APPEAL (ST) NO.210 OF 2024 Balaji Maroji Kharat @ Bala ..Appellant

Versus

The State of Maharashtra & Anr.

..Respondents ----- Ms. Jyotsna Kamble(Appointed Advocate) for the Appellant. Ms. Shamika Ranade (Appointed Advocate) to represent for Respondent No.2.

Mr. Prashant Jadhav, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 2nd JULY, 2024 P.C. :

1.

This is an application for condonation of delay of 4 years and 187 days in filing the Appeal. The Applicant had challenged the judgment and order dated 12th April 2019 passed in Sessions Case No.206 of 2016. The Applicant was the original accused no.2. He was convicted under sections 376-D, 366 of IPC. The major sentence imposed was 20 years.

Sharada

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21-IA-50-2024.odt 2.

Learned counsel for the Applicant submitted that the Applicant is extremely poor. He could not afford a private advocate. Therefore, an advocate is appointed through the Legal Services Authority of this Court. She did not have the papers and documents. Therefore, she took some time to collect the papers to file the appeal thus, the delay. The records show that a coordinate bench has already admitted the Appeal. In that case, in the interest of justice and considering these submissions made by the learned counsel for the Applicant, the delay can be condoned. 3.

Hence, the following order.

ORDER

(i) The delay of 4 years and 187 days in filing the Appeal is condoned.

(SARANG V. KOTWAL, J.)