Jiten Garsiya @ Jitlya v. State Of Maharashtra

15-ia-2859-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2859 OF 2024 IN CRIMINAL APPEAL (ST) NO.15307 OF 2024 Jiten Garsiya @ Jitlya ..Applicant

Versus

State of Maharashtra ..Respondent __________ Ms. Priya Maurya i/b. Aditya Sharma for Applicant. Smt. M. H. Mhatre, APP for State/Respondent.

__________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 2 JANUARY 2025 PC :

1.

This is an application for condonation of the delay of one year and 118 days in filing the present Appeal challenging the order dated 15.02.2023 passed by the learned Special Judge under MCOC, Greater Mumbai, rejecting the applicant's discharge application filed at Exhibit-63 in MCOC Case No.576 of 2020. 2.

Learned counsel for the Applicant submitted and it is also mentioned in the application that the applicant was in custody for a considerable period. After his release on bail, he could not Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.01.03 10:47:36 +0530 VINOD BHASKAR GOKHALE

15-ia-2859-24 secure a job immediately. His mother is working as a housemaid. Only after taking efforts he could secure a job. He could not arrange for finances to prefer this Appeal before this Court within the limitation period.

3.

Considering these submissions and in the interest of justice, though, learned APP opposed to allow this application, we are inclined to allow this application.

4.

Hence, the following order:

O R D E R

i) The delay of one year and 118 days in filing the Appeal is condoned.

ii) The Appeal be listed for further consideration on 06.02.2025.

iii) The Application is disposed of.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)