Dnyaneshwar @ Don Vishnu Deshmukh v. The State Of Maharashtra And ANR.

6-ia-3570-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3570 OF 2024 IN CRIMINAL APPEAL (ST) NO. 18076 OF 2024 Dnyaneshwar @ Don Vishnu Deshmukh ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Ms. Zubi Ansari a/w. Ankita P. Rai i/b. Ritesh Thobde for Applicant.

Mr. Swapnil V. Walve, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 3 SEPTEMBER 2024 PC :

1.

This is an application for condonation of delay of 3 years and 155 days in filing the Appeal challenging the Judgment and order dated 20.01.2021 passed by the Additional Sessions Judge, Solapur, in Sessions Case No.332 of 2017.

2.

The Applicant was convicted for commission of offences punishable under section 376 of the I.P.C. and under sections 3 and 4 of the Protection of Children from Sexual Offences Act. The major sentence imposed on him was R.I. for 12 years, besides Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.09.04 11:11:55 +0530 VINOD BHASKAR GOKHALE

6-ia-3570-24 imposition of fine.

3.

Learned counsel for the Applicant submitted that, the applicant is continuously in custody since 2017. His wife has passed way on 17.08.2021. He has only two minor children. Therefore, there was nobody to look after his interest. The applicant has very poor financial background, and all this has caused delay in filing the Appeal.

4.

Considering these submissions and in the interest of justice, delay in filing the Appeal is condoned. The Appeal be processed further.

5.

The application is disposed of.

(SARANG V. KOTWAL, J.)