Mandarani Shivaji Dhamdhere And ANR v. The State Of Maharashtra

6-7(1) IA-4949-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date: 2024.12.13 10:34:46 +0530 HUSENBASHA RAHAMAN NADAF (SR. NO.6.) INTERIM APPLICATION NO. 4949 OF 2024 (Delay condonation) IN CRIMINAL APPEAL (ST) NO. 24720 OF 2024 Mandarani Shivaji Dhamdhere And Anr ...Applicants

Versus

State of Maharashtra

...Respondent

AND (SR. NO.7.) INTERIM APPLICATION NO. 4961 OF 2024 (Delay condonation) IN CRIMINAL APPEAL (ST) NO. 24726 OF 2024 Mandarani Shivaji Dhamdhere And Anr ...Applicants

Versus

State of Maharashtra

...Respondent

*** Mr. Ganesh Sovani, for Applicants in both matters. Ms. R.D. Humane, APP for Respondent/State in both matters. *** CORAM : M.M. SATHAYE, J.

DATE : 12th DECEMBER, 2024 P.C. :

1.

These are applications by convict husband and wife for condonation of delay of 1 year and couple of months. 2.

The learned counsel for the Applicants submits that reason is stated in para 8 of the Interim Application No. 4961 of 2024 and the Husen

6-7(1) IA-4949-2024.doc said reason be considered in both applications as parties are same. 3.

It is submitted that in said paragraph that the Court had passed order directing to pay Rs.10 lakhs each and the Applicants had no money and they were facing financial crisis. It is submitted that the Applicants' children i.e. one son and one daughter are taking education and they have also no resources to raise money to pay money for the lawyer's fees and for filing the criminal appeal. It is mentioned that in the application that the appeal and interim application are being filed and proceeded with pro-bono. 4.

Considering the reasons given as also considering that these are appeals against conviction, in my view, sufficient cause is made out.

5.

The applications are allowed. Delay is condoned. (M.M. SATHAYE, J.) Husen