Jayashree Raju Kasabe @ Jayashree Gajarat Shelar v. The State Of Maharashtra

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11-IA-1714-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1714 OF 2025 IN CRIMINAL APPEAL [STAMP] NO.9566 OF 2025 Jayashree Raju Kasabe @ Jayashree Gajarat Shelar .....Applicant

Versus

The State of Maharashtra .....Respondent ----- Mr. Darshit Jain, Advocate for the Applicant. Mr.V.A. Kulkarni, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

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

1.

This is an Application for condonation of delay of 124 days in filing the Appeal against the judgment and order dated 21.10.2024 passed by the Additional Sessions Judge, Greater Mumbai in Sessions Case No.744/2020.

2.

Heard Mr. Darshit Jain, learned counsel for the Applicant and Mr.V.A. Kulkarni, learned APP for the Respondent-State.

3.

Learned counsel for the Applicant submitted that PRADIPKUMAR PRAKASHRAO DESHMANE the trial was conducted with the help of the Legal Aid Counsel. PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.06.10 11:06:04 +0530 Deshmane(PS)

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11-IA-1714-2025.odt The Applicant is a single lady. There was no one to look after her interest. After her conviction, she could not file Appeal because of these reasons. Subsequently her sister helped her. Some time was lost in tracing the lawyer who had conducted the trial and to collect the necessary papers from him. Therefore, there was delay of 124 days in filing the Appeal. 4.

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

5.

Considering the submissions made by learned counsel for the Applicant and in the interest of justice, we are inclined to allow this Application. Hence, the order : :: O R D E R ::

i. The Application is allowed.

ii. The delay of 124 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.) Deshmane (PS)