Atul Bajirao Patil v. The State Of Maharashtra And ANR

(5)-IA-3363-23.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3363 OF 2024 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.08.28 12:59:45 +0530 IN CRIMINAL APPEAL STAMP NO.16654 OF 2024 BALAJI GOVINDRAO PANCHAL Atul Bajirao Patil ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents Mr. Pratik P. Jadhav, for the Applicant.

Mr. Vinit A. Kulkarni, APP for the Respondent/State. CORAM : SARANG V. KOTWAL, J.

DATE : 27th AUGUST, 2024 P. C.

1.

This is an Application for condonation of delay of 43 days in preferring the Appeal.

2.

The Applicant was convicted by the Additional Sessions Judge, Islampur vide the judgment and order dated 25th April, 2024 passed in Sessions Case No.66 of 2022. The Applicant was convicted for the offence under Section 376(2)(n) of IPC and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000 and in default to suffer rigorous imprisonment for six months. He was also convicted for commission of offence punishable under Section 506 of IPC and sentenced to suffer rigorous imprisonment for one year.

BGP.

(5)-IA-3363-23.doc.

3.

Learned counsel for the Applicant submitted that after conviction, the Applicant has undergone mental stress. He wife was the only earning member from his family. She did not have knowledge about preferring the Appeal and the procedure for the same. It took some time to engage a lawyer. This has caused delay of 43 days in filing the Appeal.

4.

Considering these submissions and in the interest of justice, the delay of 43 days caused in filing the Appeal is condoned. 5.

The Application stands disposed of.

6.

The Appeal be processed further.

(SARANG V. KOTWAL, J.) BGP.