Nasibulla Yadali Khan v. State Of Maharashtra And ANR

1 / 2 07-IA-2685-24-APEAL-ST-13813-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2685 OF 2024 IN CRIMINAL APPEAL (ST) NO.13813 OF 2024 Nasibulla Yadali Khan .... Applicant versus The State of Maharashtra & Anr.

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

• Ms. Shradha Sawant, Advocate for Applicant.

• Mr. Shrikant H. Yadav, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 15th JULY, 2024 P.C. :

1.

This application is for condonation of delay of two days in filing the Appeal. The Applicant was convicted by the learned Special Judge under POCSO Act, Greater Mumbai, vide the Judgment and Order dated 16/04/204 in POCSO Special Case No.608/2019. He was convicted u/s 376(2)(n), 506(2) of the Indian Penal Code and u/s 6 of the Protection of Children from Sexual Offences Act, 2012. The major sentence imposed on him Digitally signed by MANUSHREE NESARIKAR Date:

2024.07.18 16:22:01 +0530 was 10 years.

MANUSHREE NESARIKAR Nesarikar

2 / 2 07-IA-2685-24-APEAL-ST-13813-24 2.

Learned counsel for the Applicant submitted that after his conviction, he was transferred to prison in Aurangabad. His parents are from Mumbai. They took some time to go to Aurangabad to obtain his signature on Vakilpatra. That has caused delay in filing the Appeal. She further submitted that because of his poor financial condition, he was unable to file the Appeal within time.

3.

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

4.

The Appeal be processed further.

5.

The Interim Application stands disposed of.

(SARANG V. KOTWAL, J.)