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Bombay High CourtIA/1951/2024disposed off

Rohan Nandkishor Nage v. State Of Maharashtra

2024-06-28Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

1 / 2 22-IA-1951-24-IN-APEAL-ST-9160-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1951 OF 2024 IN CRIMINAL APPEAL (ST) NO.9160 OF 2024 Rohan Nandkishor Nage .... Applicant versus The State of Maharashtra .... Respondent .......

• Mr. Pawan Mali, Advocate for Applicant.

• Smt. M. R. Tidke, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

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

1.

This is an application for condonation of delay of 230 days in filing the Appeal challenging the Judgment and Order dated 05/07/2023 passed by the learned Special Judge under MCOC Act, Pune, in MCOCA Case No.6 of 2017. The Applicant was acquitted from the charges u/s MCOCA. He was convicted u/s 397, 341 r/w 34 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for 10 years and to Digitally signed by MANUSHREE NESARIKAR Date:

2024.07.02 11:58:52 +0530 pay a fine of Rs.1,00,000/- and in default of payment of fine, MANUSHREE NESARIKAR was directed to suffer simple imprisonment for six months. Nesarikar

2 / 2 22-IA-1951-24-IN-APEAL-ST-9160-24.odt 2.

Learned counsel for the Applicant submitted that the Applicant is in poor financial state. He could not engage a private advocate. He had to seek assistance from the legal Services authority of this Court. Accordingly, learned counsel who is appearing for him today, was appointed in March 2024. Thereafter, he prepared this Appeal and filed it and therefore there is delay of 230 days in filing the Appeal. 3.

Considering these submissions and in the interest of justice, the delay is condoned. The Appeal be processed further. 4.

The Applicant is at liberty to make a separate application for bail or a separate application for early hearing of the Appeal.

5.

The application is disposed of.

(SARANG V. KOTWAL, J.)