The Court condoned a four-year delay in filing a criminal appeal arising from the accused's incarceration, noting the lack of facilities to file appeals while in jail. The appeal was admitted and disposed of by treating it as filed in 2005.
Application disposed; Appeal admitted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 930 OF 2009 WITH CRIMINAL APPEAL Stamp No.888 OF 2009
Laxmibai Rudrappa Birajdar .. Applicant/Appellant
vs.
The State of Maharashtra ..Respondent.
Mr Amit Sale, Advocate for the Applicant/Appellant.
Mr D.P. Adsule, A.P.P.,for the State.
CORAM: BILAL NAZKI AND A.R.JOSHI,JJ
DATED : 29TH AUGUST,2009
P.C.:-
Heard the learned counsel for the parties. Delay in filing of this appeal is four years since the accused has been in jail all along. During the trial also he has been in jail and there is not a sufficient mechanism in place by which a person could file an appeal from jail. Therefore, after hearing the learned counsel for the parties, we condone the delay. The accused is in jail from 2004 and he was convicted in 2005. Therefore, this appeal is treated as appeal filed in 2005 so that it is disposed of early.
Appeal is admitted.
Call for R and P.
Application No.930 of 2009 is disposed of.
(BILAL NAZKI,J)
(A.R.JOSHI,J)
1 provisions across 1 enactments
Laxmibai Rudrappa Birajdar
The State of Maharashtra
Bilal Nazki
A.R. Joshi
As recorded by the court registry
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