Maula Nabisab Mulla v. State Of Maharashtra

LSP 1 2 ia 4.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Interim Application No.4 of 2025 In Criminal Appeal (st) No.15 of 2025 Maula Nabisab Mulla ...

Applicant V/s.

The State of Maharashtra ...

Respondents.

Ms. Alpa T. Javeri for the Applicant.

Ms. M.M. Deshmukh, APP for the State.

CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 21st April 2025.

P.C.:

This is an application for condonation of 15 days delay in filing Criminal Appeal against the impugned order dated 5th November 2024 passed by the learned Special Sessions Judge Nashik in Special Case No.24/2023. In appeal the appellant is claiming for his release on bail. He is the original accused No.5 in C.R. No.20/2022 registered with Anti Terrorist Squad, Kalachowki, Mumbai.

2.

Learned Counsel for the Applicant submitted that Applicant is in custody since 22nd September 2022. He continued to remain in custody as his bail application was rejected by the Special Judge on 15th November 2024. He could not immediately instruct his

LSP 2 2 ia 4.25.doc Advocate to file the appeal and ,therefore, there is delay of 15 days. 3.

Learned APP submitted that matter be heard on merits. She is seeking time to argue the matter on merits. Considering that delay is only for 15 days and the applicant is in custody for more than two and half years; in the interest of justice, delay of 15 days in preferring this appeal is condoned.

4.

The appeal be listed for consideration on 2nd May 2025 at 2.30 p.m.

(S.M. MODAK, J.) (SARANG V. KOTWAL,J.)