Saddam Husen Mohamad Rafik Lunje v. The State Of Maharashtra And ANR

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4-IA-637-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.637 OF 2024 IN CRIMINAL APPEAL [STAMP] NO.2654 OF 2024 Saddam Husen Mohamad Rafik Lunje .....Applicant

Versus

State of Maharashtra and another .... Respondents ----- None for the Applicant.

Ms. Sangita D. Shinde, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 19th AUGUST, 2024 P.C. :

1.

This is an Application for condonation of delay in filing the Appeal. The conviction is under Section 6 of the Protection of Children From Sexual Offences Act, 2012 and the major sentence is 20 years R.I. This Application was filed on 1.2.2024. Since then the learned Advocate on record has not taken any steps to get the matter circulated before the Court. It was listed on 22.7.2024; at that time nobody appeared for the Applicant. On 5.8.2024 again nobody appeared for the Applicant. The matter is listed Deshmane(PS)

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4-IA-637-24.odt today and even today nobody is appearing for the Applicant. The Applicant is in custody after his conviction. This is an example of total negligence on the part of learned counsel for the Applicant. It is necessary that the Applicant is made aware of this situation.

2.

Hence, the following order:

O R D E R

(i) The Registry shall issue notice to the Applicant calling upon him to make alternate arrangement or make a request for appointment of a Legal Aid Counsel. This order shall be immediately communicated to the Applicant so that his response is sought before the next date.

(ii) Issue notice to the Advocate on record seeking her response.

(iii) Stand over to 23.9.2024.

(SARANG V. KOTWAL, J.)