Prakash Pandurang Patil v. The State Of Maharashtra And ANR

5-ia-2995-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2995 OF 2024 IN CRIMINAL APPEAL (ST) NO.13976 OF 2024 Prakash Pandurang Patil ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Ms. Sonia Miskin (Appointed Advocate) for Applicant. Ms. Sangita D. Shinde, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 25 SEPTEMBER 2024 PC :

1.

This is an application for condonation of delay in preferring the appeal.

2.

The Applicant was convicted by the Additional Sessions Judge, Kolhapur, vide the Judgment and order dated 24.02.2022 passed in Special POCSO Case No.37 of 2015, under section 376(2)(f) and 323 of the I.P.C. and under section 5(m) r/w. Section 6 of the Protection of Children from Sexual Offences Act, 2012. Major sentence imposed on him was R.I. for 10 years besides imposition of fine.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.09.27 10:54:52 +0530 VINOD BHASKAR GOKHALE

5-ia-2995-24 3.

There is a delay of 2 years and 58 days in filing the Appeal.

4.

Learned counsel for the applicant submitted that this Appeal is filed with the help of the Legal Services Authority of this Court. The applicant was not in a position to engage a private advocate because of his weak financial state. She submitted that he has good case on merits.

5.

Considering these submissions and in the interest of justice, delay of 2 years and 58 days in preferring the appeal is condoned. The Appeal be processed further.

6.

The application is disposed of.

(SARANG V. KOTWAL, J.)