Shivmandhi Bhagwatiprasad Pande v. State Of Maharashtra And ANR

1 / 2 10-IA-1697-25-IN-APEAL-ST-9434-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1697 OF 2025 IN CRIMINAL APPEAL (ST) NO.9434 OF 2025 Shivmandhi Bhagwatiprasad Pande .... Applicant versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Harshal Mirashi, Advocate for Applicant.

• Ms. Sharmila S. Kaushik, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 09th JUNE, 2025 P.C. :

1.

This is an application for condonation of delay of 2 years and 51 days in filing the Appeal.

2.

Learned counsel for the Applicant submitted that the Applicant is in custody since 26/12/2014. The Applicant is not Digitally signed by MANUSHREE NESARIKAR Date:

2025.06.10 11:52:51 +0530 in a good financial condition. He could not engage a private MANUSHREE NESARIKAR Advocate. There was no one to look after this interest from his family. Therefore, he had to file this Appeal with the help of Nesarikar

2 / 2 10-IA-1697-25-IN-APEAL-ST-9434-25.odt Legal Services Authority of this Court. Hence there is delay of 2 years and 51 days in filing the Appeal against Judgment and Order dated 29/12/2022 passed by the Additional Sessions Judge, Panvel-Raigad, in Special (POCSO) Case No. 135/2020. 3.

Learned APP left the question of condonation of delay to the discretion of the Court.

4.

Considering the submissions made by the learned counsel for the Applicant and in the interest of justice, the delay in filing the Appeal is condoned.

5.

The Appeal be processed further.

6.

Interim Application is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)