Hanif Nalsab Shaikh v. The State Of Maharashtra And ANR.

1 / 2 10-IA-2174-24-IN-APEAL-ST-11474-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2174 OF 2024 IN CRIMINAL APPEAL (ST) NO.11474 OF 2024 Hanif Nalsab Shaikh .... Applicant versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Swapnil R. Patil, Advocate for Applicant. • Mr. Shrikant Yadav, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 08th JULY, 2024 P.C. :

1.

This application is filed for condonation of delay of 121 days in filing the Appeal against the Judgment and Order dated 10/11/2023, passed by the Extra Joint Additional Sessions Judge, Karad, in Special Case No.40 of 2023. The Applicant was convicted for commission of offence punishable u/s 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012 and was sentenced to suffer rigorous imprisonment for three years Digitally signed by MANUSHREE NESARIKAR Date:

2024.07.11 14:18:47 +0530 MANUSHREE NESARIKAR and to pay a fine of Rs.7,000/- and in default of payment of fine to suffer simple imprisonment for two months. Nesarikar

2 / 2 10-IA-2174-24-IN-APEAL-ST-11474-24.odt 2.

Learned counsel for the Applicant submitted that the Applicant was in a bad financial state. He could not engage a private advocate. Therefore, this Appeal is filed with the help of Legal Aid Counsel. The counsel representing him, is appointed by the Legal Services Authority. Some time was lost in collecting the papers and preparing Appeal memo, by the appointed advocate.

3.

Considering these submissions and in the interest of justice, the delay of 121 days in filing the Appeal is condoned. 4.

The Appeal be processed further.

5.

The Interim Application is disposed of.

(SARANG V. KOTWAL, J.)