The High Court allowed an application for condonation of an 81-day delay in filing an appeal against conviction. The applicant, being in custody and suffering from financial constraints, was granted leave to prefer the appeal late.
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.
13-APPA-1284-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1284 OF 2017 IN CRIMINAL APPEAL (STAMP) NO.761 OF 2017
KAUSHIK KASHIRAM HALPATI )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA & ANR. )...RESPONDENTS
Ms.Alpa Javeri i/b. Mrs.Teja Katdare, Advocate for the Applicant. Ms.Purnima Kantharia, Advocate for Respondent No.2.
Mr.S.V.Gangurde, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 1st FEBRUARY 2018
P.C. :
1 This is an application for condonation of delay in filing
an appeal challenging the conviction and resultant sentence.
2 Heard the learned Advocate appearing for the applicant/accused as well as Miss Kantharia, the learned Advocate
avk 1/2
13-APPA-1284-2017.doc
appearing for respondent no.2 and the learned APP appearing for the State.
3 The delay of 81 days in preferring the appeal is sufficiently explained in the body of the application. The applicant/accused is behind bars. Because of penury, he could not lodge appeal within the prescribed time. Hence, the following order :
ORDER
i) The application is allowed.
ii) The delay in lodging the appeal is condoned.
iii) The application is disposed of.
(A. M. BADAR, J.)
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1 issue framed by the court
Whether the delay of 81 days in filing the appeal can be condoned on the ground of penury and imprisonment.
Kaushik Kashiram Halpati
The State of Maharashtra
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
