High Court Bench granted leave to delete a co-accused respondent in a Criminal Appeal (ST) filed by a jail-going poor applicant. It also condoned the delay in preferring the appeal, finding sufficient cause in the applicant's poverty and confinement.
Leave to delete respondent no.2 was granted and delay in filing the appeal was condoned.
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.
sr.8.appa.1147.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1147 OF 2017 IN CRIMINAL APPEAL (ST) NO.684 OF 2017
| Ashok Bablya Sangale | ... | Applicant |
|---|---|---|
| V/s. | ||
| The State of Maharashtra & anr | ... | Respondents |
Mr.Anisha R. Phutane i/b. Mr. Makarand Madan Kale for the applicant. Mr.Prashant Jadhav, APP for the respondent/State.
CORAM : A.M.BADAR J.
DATED : 8th MARCH 2018.
P.C. :
applicant/appellant. She argued that the applicant is a poor person and Vina k 1/2
sr.8.appa.1147.2017
is behind bars and undergoing jail sentence. His illiterate parent could not take appropriate steps for filing the appeal withing limitation. The the learned Additional Public Prosecutor opposed the application.
was prevented by the sufficient cause in not filing the appeal within limitation. Therefore the order:
: ORDER :
(A.M.BADAR J.)
2/2
Vina k
3 issues framed by the court
Whether leave to delete a co-accused respondent should be granted.
Whether delay in filing the criminal appeal should be condoned given poverty and jail remand.
Whether an application for condonation of delay should be allowed under sufficient cause.
Ashok Bablya Sangale
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
