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Bombay High CourtIA/1793/2025allowed

Ashok Gujabaji Dangore v. The State Of Maharashtra

2025-07-22Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1793 OF 2025 IN CRIMINAL APPEAL [STAMP] NO.10028 OF 2025 Ashok Gujabaji Dangore .....Applicant

Versus

The State of Maharashtra and another .... Respondents ----- Mr. Aadesh Konde Deshmukh, Advocate a/w. Yogesh A. Sukale for the Applicant.

Mr. Shreekant H. Yadav, APP for the Respondent No.1-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 22nd JULY, 2025 P.C. :

1.

This is an Application for condonation of delay of 172 days in filing the Appeal against the judgment and order dated 5.9.2024 passed by the learned Special Judge under POCSO Act, Pune in Special POCSO Case No.602/2019. 2.

Heard Mr. Aadesh Konde Deshmukh, learned counsel for the Applicant and Mr. Shreekant Yadav, learned APP for the Respondent No.1-State.

Deshmane(PS)

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3.

The Applicant was convicted for commission of the offences punishable under Sections 363, 354-A of IPC and under Section 6 read with Section 5(m), Section 10 read with 9(m)(l) and under Section 376(3) of IPC. The major sentence imposed on him was RI for twenty years besides imposition of fine.

4.

Learned counsel for the Applicant submitted that the Applicant is in custody since 2019. His wife is suffering from illness. He is in a poor financial condition. There is no male member in his family to look after his interest. Therefore, it took time for him to arrange for funds and approach an Advocate. Hence, there is delay of 172 days in filing the Appeal.

5.

Learned APP submitted that the delay is not properly explained and, therefore, he objects for condonation of delay in filing the Appeal.

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6.

Considering both these submissions and in the interest of justice, I am inclined to condone the delay of 172 days in filing the Appeal is condoned.

7.

Hence the following order :

:: O R D E R ::

i. The Application is allowed. The delay of 172 days in filing the Appeal is condoned.

ii. The Appeal be processed further.

iii. Interim Application is disposed of accordingly. (SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2025.07.25 11:59:50 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE