Laxmipati Narsayya Kondrupaka v. The State Of Maharashtra
Digitally signed by RUSHIKESH VISHNU PATIL Date:
2024.08.20 12:00:53 +0530 RUSHIKESH VISHNU PATIL 1/3 918 IA.2658.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2658 OF 2024 IN CRIMINAL APPEAL (STAMP) NO.14301 OF 2024 Laxmipati Narsayya Kondrupaka Applicant In the matter between:
Laxmipati Narsayya Kondrupaka ..
Appellant
Versus
The State of Maharashtra ..
Respondent ...
Ms Deepali Bagla i/b Bagla & Associates, for the Applicant/Appellant.
Mr. S. V. Gavand, APP, for the Respondent - State. ...
CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.
DATED : 8th AUGUST, 2024 P.C:- 1.
The Applicant has fled the present Application seeking condonation of delay of 468 days caused in fling the aforesaid criminal Appeal. The Applicant is original accused No. 4 in the MPID case No. 8 of 2012.
The Applicant has approached this Court by fling the aforesaid Appeal for quashing and setting aside of the common order passed by the Special Court at Greater Bombay, in
2/3 918 IA.2658.2024.odt Special Case No. 08 of 2012 alongwith Special Case No. 26 of 2013, wherein common order has been passed in Miscellaneous Application Nos. 60 of 2014, 61 of 2014, 104 of 2014, 132 of 2014 dated 31.12.2014, by rejecting the application for discharge fled by the Applicant. The impugned order was passed on 31.12.2014 and the certifed copy of the same was received on 08.01.2015. Thereafter, the Applicant had approached this Court by fling Criminal Revision Application No. 163 of 2015, however, the Applicant has withdrawn the said application on 06.03.2023, with liberty to fle the present Appeal. According to the Applicant, he had requested his erstwhile Advocate to fle appropriate legal proceedings for challenging the order dated 31.12.2014, however, due to certain misunderstanding and miscommunication, the said Advocate informed the Applicant in August, 2023 that, he has not fled any proceedings in this Court on behalf of the Applicant.
Thereafter, the Applicant searched for appropriate Advocate to entrust his case with the help of family and friends. The Applicant ultimately could entrust his fle to represent him to the present Advocate in the month of November, 2023. The papers entrusted by him to the present Advocate were misplaced by him due to shifting of his offce, therefore, there was a further delay. The papers of the applicant could be located in January, 2024 and, thereafter, the steps were taken for fling the present Appeal. According to the Applicant, the delay is inadvertent and unintentional. Though, the Applicant was following up the matter diligently, because of misunderstanding with the
3/3 918 IA.2658.2024.odt Advocate he could not take timely steps. Therefore, the Applicant has requested to condone the delay in the interest of justice.
2.
We have heard the learned counsel for the Applicant and the learned APP for the State.
After going though the contents of the Application, we are satisfed that the delay caused in fling the present Appeal is not intentional, and in spite of the diligence by the Applicant, there has been a delay on account of certain circumstances which were beyond his control. In view of the satisfactory explanation given by the Applicant, the delay of 468 days caused in fling the criminal Appeal is hereby condoned.
Accordingly, the Interim Application is disposed off. (MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)