Sachin Mohan Gurav v. State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1038 OF 2024 IN CRIMINAL APPEAL [STAMP] NO.4719 OF 2024 Sachin Mohan Gurav .....Applicant

Versus

State of Maharashtra and others .... Respondents ----- Mr. Kunal Damle, Advocate i/b. Jay and Co. for the Applicant.

Mr. Prashant P. Jadhav, APP for the Respondent-State. Mr. Shantanu Kadam, Advocate for the Respondent Nos.2 & 3.

----- CORAM : SARANG V. KOTWAL, J.

DATE : 28th AUGUST, 2024 P.C. :

1.

Advocate Mr. Kadam appears and states that he has instructions to appear for the Respondent Nos.2 & 3. He undertakes to file his Vakilpatra within two weeks from today.

2.

Heard Mr. Kunal Damle, learned counsel for the Applicant, Mr. Prashant Jadhav, learned APP for the Deshmane(PS)

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Respondent-State and Mr. Shantanu Kadam, learned counsel for the Respondent Nos.2 & 3.

3.

This is an Application for condonation of delay of 24 days in filing the Appeal challenging the impugned judgment and order dated 30.11.2023 passed by the learned Sessions Judge, Raigad-Alibag in Special POCSO Case No.12/2020. The Applicant was convicted for commission of offence punishable under Sections 376(2)(i) and 354-A(i), (ii) of IPC and under Section 3 read with 4(2) and under Section 7 read with 8 of the Protection of Children From Sexual Offences Act, 2012 (for short, 'POCSO Act'). The major sentence imposed on him was RI for twenty years besides imposition of fine.

4.

Learned counsel for the Applicant submitted that he was in custody for a very long time during trial and even after his conviction, he is still in custody. The Applicant sought help of his friend to make arrangements for filing this Appeal. Some time was required to coordinate with the trial Court Lawyer, collecting the documents, and engaging an

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Advocate to prefer this Appeal. Therefore, there is delay of 24 days in filing the Appeal.

5.

Considering these submissions and in the interest of justice, the delay of 24 days in filing the Appeal is condoned. The Appeal be processed further. Interim Application is disposed of accordingly.

(SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2024.08.29 15:49:08 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE