Kallu @ Kuldip S/O Babukeshav Tiwari v. The State Of Maharashtra Thr Pso Balalrshah Tah And Dist Chandrapur

1 appa 199.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 199 OF 2026 IN CRIMINAL APPEAL (STAMP) NO. 2585 OF 2026 ( Kallu @ Kuldip s/o Babukeshav Tiwari ..vs.. State of Maharashtra, through PSO, Ballarshah ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.D. Tote, Counsel (appointed) for the applicant/appellant, Mr. S.S. Hulke, Addl.P.P. for the respondent/State. CORAM : ANIL L. PANSARE & NIVEDITA P.

MEHTA, JJ. DATED : 12 th MARCH, 2026 The applicant has filed the present application seeking condonation of delay of 954 days in filing the accompanying appeal. The appeal challenges the judgment and order dated 28.04.2023 passed by the learned Additional Sessions Judge, Chandrapur, in Sessions Case No. 85/2020, whereby the applicant stands convicted under Sections 302 and 506 of the Indian Penal Code, 1860 (for short, "IPC"). The applicant has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the IPC and rigorous imprisonment for two year for offence under Section 506 of the IPC.

2.

It is submitted that, owing to the lack of legal and financial assistance, the applicant was unable to make necessary arrangements to engage a counsel to represent him before this Court. Subsequently, the applicant approached the High Court Legal Services Sub-Committee, Nagpur, seeking legal aid for representation. Pursuant thereto, the learned counsel appointed for the applicant has filed the present application along with the appeal.

2 appa 199.26 3.

In view of the aforesaid circumstances, the application deserves to be allowed and is accordingly allowed. The delay of 954 days in filing the appeal is hereby condoned. The appeal be registered accordingly. Criminal Appeal (Stamp) No. 2585/2026.

Heard.

2.

Admit.

3.

Call for record and proceedings.

4.

The learned Additional Public Prosecutor waives service of notice on behalf of the respondent/State.

Criminal Application (APPA) Stamp No.2589/2026. Heard.

2.

Issue notice to the respondent.

3.

The learned Additional Public Prosecutor waives service of notice on behalf of the respondent/State and seeks time to file reply. 4.

Time, as sought, is granted.

5.

List the matter for further consideration after three weeks. (Nivedita P. Mehta, J.) (Anil L. Pansare, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 12/03/2026 17:44:41