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Bombay High CourtIA/1710/2025allowed

Sanjay Maruti Jadhav v. State Of Maharashtra

2025-06-16Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak2 pages

HEMANT CHANDERSEN SHIV 12.ia1710.25.doc HEMANT CHANDERSEN SHIV Date: 2025.06.18 10:44:33 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1710 OF 2025 IN CRIMINAL APPEAL STAMP NO.9585 OF 2025 Sanjay Maruti Jadhav .. Applicant vs.

State of Maharashtra .. Respondent ---- Mr. Nitesh Mohite for the Applicant.

Ms. Kranti T. Hiwrale APP for the Respondent-State. ---- CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 16th JUNE, 2025 P. C. :

1.

This is an Application for condonation of delay of 7 years and 353 days in filing the Appeal against the judgment and order dated 16/02/2017 passed by the Additional Sessions Judge, Khed-Rajgurunagar, Pune in Sessions Case No.07 of 2015.

2.

The learned Advocate for the Applicant submitted that he is in custody since September 2014. There is no one to look after his interest. He could not arrange funds to appoint a private Advocate. After great difficulty, he gathered the resources to prefer an Appeal through a private Advocate and therefore, there is a delay of 7 years and 353 days in filing the Appeal. H. C. Shiv 1/2

12.ia1710.25.doc 3.

Learned APP submitted that the delay is inordinate but he left the question of condonation of delay to the discretion of this Court. 4.

We have considered the submissions. The delay undoubtedly, is inordinate. The Applicant is in custody since September 2014. He deserves one opportunity to argue his case on merits before this Court. The allegations are serious and consequence of life imprisonment which is imposed on him is also serious.

5.

Considering these submissions and in the interest of justice, we are inclined to allow this Application. Hence, the order : :: ORDER ::

i. The Application is allowed.

ii. The delay of 7 years and 353 days in preferring the Appeal is condoned. The Appeal be processed further.

iii. Interim Application is disposed of accordingly. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) H. C. Shiv 2/2