Bombay High CourtIA/1747/2024disposed off

Riyaz Vali Mohammed Shaikh v. The State Of Maharashtra

2024-07-23Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1747 OF 2024 IN CRIMINAL APPEAL NO.568 OF 2017 Riyaz Vali Mohamed Shaikh ..

Applicant

Versus

The State of Maharashtra ..

Respondent WITH CRIMINAL APPEAL (ST) NO. 4096 OF 2023 WITH INTERIM APPLICATION NO.980 OF 2023 IN CRIMINAL APPEAL (ST) NO. 4096 OF 2023 WITH INTERIM APPLICATION NO. 979 OF 2023 IN CRIMINAL APPEAL (ST) NO.4096 OF 2023 WITH CRIMINAL APPEAL NO. 534 OF 2017 WITH INTERIM APPLICATION NO. 3026 OF 2023 IN CRIMINAL APPEAL NO.534 OF 2017 WITH INTERIM APPLICATION NO. 4218 OF 2022 IN CRIMINAL APPEAL NO.534 OF 2017 WITH CRIMINAL APPEAL NO. 568 OF 2017 WITH CRIMINAL APPEAL NO. 1507 OF 2018 ...

Mr. Prosper D'Souza for Appellant, in Criminal Appeal No. 534 of 2017.

Ms. Shivani Kunder for the Appellant in Appeal (St) No.4096 of

2/3 28 IA-1747-24.doc 2023.

Mr. M.K. Kocharekar i/b Mohammed Shaikh for applicant in IA No. 1747/2024.

Mr.Y.M. Nakhwa, APP for the State.

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 23rd JULY, 2024 P.C:- Interim Application No.979 of 2023, is taken out in an Criminal Appeal (St) No. 4096 of 2023.

The said application seek condonation of delay of 5 years and 48 days in presenting the Appeal, and in paragraph no.3, the applicant has stated that he is a poor person having no knowledge of legal proceedings, and his family was unable to incur the expenses in filing the Appeal. It is further stated that, only when he approached the High Court Legal Services Committee, through Superintendent of Central Prison, Nashik Road, the legal aid was furnished to him and upon appointing a counsel, an Appeal has been preferred. We have heard, learned counsel Ms. Shivani Kunder, who is appointed through Legal Services Authority to represent the applicant. On being satisfied with the reason cited, interim application no.979 of 2023, is made absolute in terms of prayer clause (a).

Criminal Appeal (St) No. 4096 of 2023 Admit.

Learned APP, waive notice for State.

3/3 28 IA-1747-24.doc Since Criminal Appeal No. 534 of 2017, 568 of 2017 and Criminal Appeal No. 1507 of 2018, are already admitted, and the applications filed therein for suspension of sentence and for releasing the applicants on bail are listed before us, we direct listing of all the applications on 1/08/2024.

(MANJUSHA DESHPANDE,J) (BHARATI DANGRE, J.)