Mohammed Jafar Ismail Shaikh v. The State Of Maharashtra And ANR

5-ia-2181-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2181 OF 2024 IN CRIMINAL APPEAL (ST) NO.11558 OF 2024 Mohammed Jafar Ismail Shaikh ..Applicant.

Versus

The State of Maharashtra & Anr.

..Respondents __________ Ms. Tahera Qureshi for Applicant.

Mr. Shrikant H. Yadav, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 9 JULY 2024 PC :

1.

The Applicant was convicted by the learned Special Judge under POCSO Act, Kalyan, in Special Case No.113 of 2019, vide the Judgment and order dated 18.09.2023, under sections 376(AB) and 342 of the I.P.C. and under sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act. The major sentence imposed on him was R.I. for 20 years, besides imposition of fine. The applicant has preferred this Appeal, however, there is a delay of 178 days in filing the Appeal.

2.

Learned counsel for the applicant submitted that, a copy Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.07.10 13:04:52 +0530 VINOD BHASKAR GOKHALE

5-ia-2181-24 of the Judgment was not given to the applicant immediately. He is in custody continuously for five years. He had to depend on his relatives to make an arrangement for getting a copy and engaging a lawyer. All this has caused 170 days' delay. 3.

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

4.

The Application is disposed of.

(SARANG V. KOTWAL, J.)