This judgment condones the delay in filing the Criminal Appeal (St. No. 611 of 2016) preferring the application through jail. The Court held that jail conditions constitute sufficient cause for the 36-day delay. The application was allowed and disposed of.
Delay in filing the criminal appeal is condoned and the application is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
jdk 1 1.cr.appa.1059.16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1059 OF 2016 IN
CRI. APPEAL ST. NO. 611 OF 2016
Shankar Kallappa Koli
.. Applicant
Vs.
The State of Maharashtra
.. Respondent
None for the Applicant Mr. Arfan Sait A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND MRS. MRIDULA BHATKAR, JJ.
DATED : SEPTEMBER 06, 2016
P.C.:
1 The applicant / appellant has preferred the appeal i.e. Cri. Appeal St. No. 611 of 2016 through jail. In the said appeal, there is delay of 36 days caused in preferring the said appeal, hence, the applicant has preferred this application for condonation of delay. Looking to the fact that the appeal and this application have been preferred through jail and the others facts, we are of the opinion that sufficient cause has been made out for condonation of delay, hence, delay is condoned.
jdk 2 1.cr.appa.1059.16.doc 2 Application is allowed and is disposed of accordingly.
[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI, J. ]
kandarkar
2 of 2
2 issues framed by the court
Whether sufficient cause exists to condone the delay in filing the criminal appeal from jail.
Whether the delay in filing the application for condonation of delay requires specific grounds beyond the fact of being from jail.
Shankar Kallappa Koli
The State of Maharashtra
V.K.Tahilramani
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
