Mohammed Farukh Mansuri @ Mohd. Farukh Mansuri @ Mohd. Farukh Yasin Mansur @ Mohammad Farooq Yasin v. The State Of Maharashtra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2189 OF 2024 IN CRIMINAL APPEAL (ST) NO. 11610 OF 2024 Mohammed Farukh Mansuri @ Mohd. Farukh Mansuri @ Mohd. Farukh Yasin Mansur @ Mohammad Farooq Yasin Mansoor @ Farooq Yasin Mansoor @ Farooq Takla @ Mohd Farooq Mohd. Yaseen Mansoor.

..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Dr. Pradeep Kumar Pardeshi a/w. Dr. Abhay Korde a/w. Anushka Martis for Applicant.

Mr. Pradeep Gharat, Spl.P.P. for CBI/Respondent No.2. Smt. Sangita D. Shinde, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 10 SEPTEMBER 2024 PC :

1.

The Applicant was the original Accused No.4 under MCOC Case No.1 of 2005 along with MCOC Case No.16 of 2016 along with MCOC Case No.14 of 2018 before the Special Judge under MCOCA, Greater Mumbai. The learned Judge, vide his Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.09.11 11:35:31 +0530 VINOD BHASKAR GOKHALE

judgment and order dated 09.01.2023 convicted the applicant for commission of offences punishable under sections 3(1)(ii), 3(2) and 3(4) of the MCOCA. For each of these heads, he was sentenced to suffer R.I. for 10 years and to pay a fine of Rs.5 lakhs under each head and in default to suffer S.I. for six months. 2.

This is an application for condonation of delay of one year and 60 days in preferring the Appeal.

3.

Learned counsel for the Applicant submitted that the applicant is in poor financial condition. He was in custody for a long period. This Appeal is filed with the help of the Legal Services Authority of this Court. Hence, there is a delay. Some time was consumed in collecting the documents, preparing the Appeal memo and filing the Appeal.

4.

Learned Special P. P. for the C.B.I. left the matter to the discretion of the Court.

5.

Considering the submissions made by the learned counsel for the Applicant and in the interest of justice, delay of one year and 60 days in filing the Appeal is condoned. The Appeal be

processed further.

6.

The Application is disposed of.

(SARANG V. KOTWAL, J.)