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Bombay High CourtIA/2838/2025allowed

Kashinath Anant Mhatre v. State Of Maharashtra And ANR

2025-08-05Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

2-ia-2838-25 (delay) Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2838 OF 2025 IN CRIMINAL APPEAL (ST) NO. 15553 OF 2025 Kashinath Anant Mhatre ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Nikhil Patil for Applicant.

Ms. Sangita D. Shinde, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 5 AUGUST 2025 PC :

1.

This is an application for condonation of the delay of 266 days in filing the Appeal against the Judgment and order dated 31.08.2024 passed by the learned Designated Judge under POCSO Act, for Greater Bombay, in POCSO Case No.474 of 2016. 2.

Learned counsel for the Applicant submitted that the applicant was in custody from 11.08.2016 to 06.10.2018 and thereafter since 31.08.2024 till today. The maximum sentence imposed on him is R.I. for ten years. The Applicant is from a poor financial background, therefore, he could not arrange to engage a Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.08.06 12:21:12 +0530 VINOD BHASKAR GOKHALE

2-ia-2838-25 (delay) private advocate. There was no male member in his family to lookafter his interests. Therefore, there is a delay of 266 days in filing the Appeal.

3.

Learned APP does not have any serious objection for condoning the delay.

4.

Considering these submissions and in the interest of justice, the delay of 266 days in filing the appeal is condoned. The Appeal be processed further.

5.

The application is disposed of.

(SARANG V. KOTWAL, J.)