Liyan @ Saurabh Nur Islam Mulla And ANR v. State Of Maharashtra
1 / 2 7.1-IA-3081-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3081 OF 2024 IN CRIMINAL APPEAL (ST) NO. 15993 OF 2024 Liyan @ Saurabh Nur Islam Mull & Anr.
.... Applicants versus State of Maharashtra .... Respondent .......
Mr. Meghdeep M. Oak, a/w. Diptendu Bose, and Puneet Fouia, Advocate for the Appellants/Applicants.
Mrs. Sangita D. Shinde, APP for the State/Respondent.
CORAM
: SARANG V. KOTWAL, J.
DATE : 8th AUGUST 2024 P.C. :
1.
The Applicants were the Accused Nos. 1 and 2 in Sessions Case No. 49 of 2018 before the Additional Sessions Judge and Special Judge (POCSO), Thane. The learned Judge vide the judgment and order dated 29th February 2024, convicted both of them for commission of offence punishable under Sections 372 Digitally signed by GANESH SUBHASH LOKHANDE Date:
2024.08.09 13:05:32 +0530 read with 34 of the Indian Penal Code, 1860 (for short the "IPC") GANESH SUBHASH LOKHANDE Ganesh Lokhande, PA
2 / 2 7.1-IA-3081-2024.odt and under Section 81 of the Juvenile Justice (Care and Protection of Children) Act 2015 (for short the "J. J. Act, 2015"). They were sentenced to suffer rigorous imprisonment for a period of 7 years each and to pay fine of Rs.1,00,000/- (Rupees one lakh only) each and in default of payment of fine to suffer imprisonment for 100 days each.
2.
The Applicants have preferred an Appeal against that judgment and order. The present Application is for condonation of delay of 88 days in filing the Appeal.
3.
Learned counsel for the Applicants submitted that the Applicants were not aware about the limitation period and the procedure to file the Appeal, some time was required in collecting the papers and in filing the Appeal. Therefore, there is a delay of 88 days.
4.
Considering these submissions, and in the interest of justice, the delay of 88 days in filing the Appeal is condoned. 5.
The Interim Application is disposed of.
(SARANG V. KOTWAL, J.)