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Bombay High CourtIA/2726/2024disposed off

Pintu @ Ajay Harishkumar Gaud v. State Of Maharashtra And ANR

2024-07-18Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2726 OF 2024 IN CRIMINAL APPEAL (ST) NO.14324 OF 2024 Pintu @ Ajay Harishkumar Gaud .... Applicant versus The State of Maharashtra & Anr.

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

• Mr. Ritesh Thobde, appointed advocate for Applicant. • Mr. Shrikant H. Yadav, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 18th JULY, 2024 P.C. :

1.

This application is for condonation of delay of 154 days in filing the Appeal. The Applicant was the original accused in POCSO Special Case No.460 of 2018 before the learned Special Judge, under POCSO, Greater Mumbai. The learned Judge vide her Judgment and Order dated 07/12/2023 convicted the Appellant for commission of offences punishable u/s 376-AB, 376(2)(f) of the Indian Penal Code and u/s 6 of the the Digitally signed by MANUSHREE NESARIKAR Date:

2024.07.19 11:34:57 +0530 MANUSHREE NESARIKAR Protection of Children from Sexual Offences Act, 2012. The major sentence imposed on him was for 20 years. Nesarikar

2 / 2 09-IA-2726-24-IN-APEAL-ST-14324-24.odt 2.

Learned counsel for the Applicant states that the Applicant is in a poor financial condition. He could not engage a private advocate. Therefore, he had to approach the Legal Services Authority to find legal aid. Accordingly, a legal aid counsel was appointed to represent him. In the process there was delay. Some time was lost in collecting papers and filing the Appeal. Learned counsel submitted that considering these submissions, the delay be condoned.

3.

I have considered these submissions. In the interest of justice and for the reasons mentioned hereinabove, the delay in filing the Appeal is condoned.

4.

The Appeal be processed further.

5.

The Interim Application is disposed of.

(SARANG V. KOTWAL, J.)