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Bombay High CourtIA/2091/2024disposed off

Sjjad Shafi Mohammad Khatik v. State Of Maharashtra And ANR

2024-07-09Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

10-ia-2091-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2091 OF 2024 IN CRIMINAL APPEAL (ST) NO. 10586 OF 2024 Sjjad Shafi Mohammad Khatik ..Applicant.

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Sanjay R. Singh for Applicant.

Mr. Swapnil V. Walve, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 9 JULY 2024 PC :

1.

The Applicant was the accused in POCSO Case No.311 of 2019 before the Special Judge under POCSO Act, Greater Bombay. The learned Judge, vide the Judgment and order dated 24.11.2023 convicted the applicant U/s.10 of the Protection of Children from Sexual Offences Act (for short 'POCSO Act') and U/s.506 of the I.P.C. The major sentence imposed on him was R.I. for five years, besides imposition of fine. This is an application for condonation of delay of 104 days in filing the Appeal against that Judgment and order.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.07.10 13:04:53 +0530 VINOD BHASKAR GOKHALE

10-ia-2091-24 2.

Learned counsel for the applicant submitted that the applicant was in custody. He had no other male member in his family. His old mother made all the arrangement and contacted an advocate. All this has caused the delay in filing the Appeal. 3.

Considering these submissions and in the interest of justice, delay of 104 days is condoned. The Appeal be processed further.

4.

The Application is disposed of.

(SARANG V. KOTWAL, J.)