Allowed

Raju @ Pralhad Vitthal Naik v. the State of Maharashtra

Bombay HC3 Mar 2017APPA/93/2017

Case brief

AI extract

What is this about?

In these applications for condonation of delay, the Court allowed a 38-day delay for filing an appeal due to the applicant's financial inability to seek early legal aid. Legal aid counsel was appointed to draft and file the appeal, appeal suspension, and bail applications, and the applications were allowed.

What did the court decide?

Condonation of 38 days' delay; appointment of advocate Ms. Nasreen Ayubi to file appeal, apply for suspension of sentence, and seek bail.

Raju @ Pralhad Vitthal Naik Vs the State of… — Civil Procedure and Limitation | Bombay HC (2017)

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(18)APPANo.93-952017

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.93 OF 2017 IN CRIMINAL APPEAL (ST) NO.58 OF 2017 WITH CRIMINAL APPLICATION NO.95 OF 2017 IN CRIMINAL APPEAL (ST) NO.58 OF 2017

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Raju @ Pralhad Vithal Naik ... Applicant V/s. State of Maharashtra ... Respondent

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None for the Applicant. Mr.A.D.Kamkhedkar, APP for the Respondent/State.

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CORAM : A.M.BADAR J.

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DATED : 3^rd MARCH 2017.

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P.C. :

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1 These are applications for condonation of delay in filing an appeal challenging the Judgment and Order of conviction of the applicant for offences punishable under Section 376(2)(i), 377 of the Indian Penal Code, Section 6 of the Protection of Children from Sexual Offences Act and Section 3(1)(iii) and 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act recorded by the learned Special Judge and

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Gaikwad RD

(18)APPANo.93-952017

Additional Sessions Judge – 2, Sangli in Special Case (Atrocity) No.7 of 2013, as well as, for appointment of an Advocate to represent the applicant in the appeal.

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2 Heard the learned Additional Public Prosecutor for the Respondent/State.

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3 It is seen that the delay of 38 days is caused in preferring an appeal by the applicant/accused, who is undergoing the sentence for the offences held to be proved against him by the learned Special Judge at Sangli. Reasons for delay are stated in the application. The applicant, because of financial crunch could not seek legal assistance and, therefore, he has presented the appeal through jail. As such, he is prevented from sufficient cause in not filing an appeal within limitation.

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4 Because of financial crunch, the applicant is seeking legal aid. Hence, Ms.Nasreen Ayubi, the learned Advocate on the Panel of Legal Aid Council maintained by the High Court Legal Services Committee, is appointed to represent the appellant/ accused. The Registry to supply all necessary papers to appointed Advocate. Ms.Nasreen Ayubi, the learned appointed Advocate to draft and prefer Memo of Appeal as well as application for suspension of sentence and releasing the applicant on bail.

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Gaikwad RD

(18)APPANo.93-952017

5 With this, the delay in filing an appeal is condoned and both applications stand allowed in the light of observations made in forgoing paragraphs.

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(A.M.BADAR J.)

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Gaikwad RD

Raju @ Pralhad Vitthal Naik v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Raju @ Pralhad Vitthal Naik v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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