Single-bench criminal application allowing condonation of delay in filing an appeal against conviction for offences under Sections 323 and 448 IPC, based on applicant's poverty and illiteracy.
The application is allowed; delay in filing the appeal is condoned; 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.
8-APPA-121-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.121 OF 2017 IN CRIMINAL APPEAL (STAMP) NO.72 OF 2017
SONALI JALINDER KANCHAN )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
None for the Applicant.
Ms.Anamika Malhotra, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 23rd MARCH 2018
P.C. :
1 This is an application for condonation of delay in
preferring an appeal challenging conviction of the applicant/accused for offences punishable under Sections 323 and 448 of the Indian Penal Code. None for the applicant/accused.
2 Heard the learned APP.
avk 1/2
8-APPA-121-2017.doc
3 The application is on affirmation. The
applicant/accused has stated that as he is an agriculturist and not much educated, he was not much aware about the procedure for filing an appeal and he could not arrange funds for filing an appeal which has resulted in delay in filing the appeal.
4 These reasons, in my opinion, constitute sufficient
cause. Hence, the order :
ORDER
i) The application is allowed.
ii) The delay in filing the appeal is condoned.
iii) The application is disposed of.
(A. M. BADAR, J.)
avk 2/2
1 issue framed by the court
Whether the reasons of illiteracy, lack of awareness, and inability to arrange funds constitute sufficient cause for condonation of delay in filing an appeal.
SONALI JALINDER KANCHAN
THE STATE OF MAHARASHTRA
A. M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
