This court allowed an application for condonation of delay in filing an criminal appeal against a conviction under Section 302 IPC. The applicant's poverty was not accepted as an impediment to justice, and the appeal was registered.
Condonation of delay allowed; appeal directed to be registered.
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6 APPA 417.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
CRIMINAL APPLICATION (APPA) NO. 417 OF 2021 IN
CRIMINAL APPEAL NO. OF 2021
Duru Soma Katlami
Vs.
The State of Maharashtra, Through P.S.O. Jarawandi, Tah. Etapalli, Dist. Gadchiroli
Office Notes, Office Memoranda of Coram,__________________________________________________________________________
appearances, Court's orders of directionsCourt's or Judge's orders.
and Registrar's Orders.
Shri R.D. Hajare, Advocate (appointed) for the applicant.
Shri V.A. Thakare, A.P.P. for the non-applicant/State.
CORAM : V.M. DESHPANDE AND AMIT B. BORKAR, JJ. DATE : 12th AUGUST, 2021.
1.This is an application for condonation of delay in
filing the appeal challenging the judgment and order of
conviction passed by the learned Additional Sessions Judge,
Gadchiroli in Sessions Case No.118 of 2018, whereby applicant
is convicted for an offence punishable under Section 302 of the
Indian Penal Code, 1860 and was directed to suffer life
imprisonment.
2.Heard Shri R.D. Hajare, learned counsel appointed
by the High Court Legal Services Sub-Committee, Nagpur for
the applicant.
3.Though this application is coming for the first time,
in our view, it can be decided on first day itself.
4.The State is represented by Shri V.A. Thakare,
learned Additional Public Prosecutor. He has raised a formal
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6 APPA 417.2021
opposition to the application.
5.The applicant is in jail and the reason for not filing
the appeal is poverty, this Court is of the view, the poverty can
never be an impediment for seeking justice from the Court.
6.In that view of the matter, we allow this application.
The delay stands condoned. Office is directed to register the
appeal.
7.Shri R.D. Hajare, learned counsel for the applicant
appointed by the High Court Legal Services Sub-Committee,
Nagpur, is entitled for professional charges for drafting and
arguing the application for condonation of delay. The High
Court Legal Services Sub-Committee, Nagpur is directed to pay
his fess as permissible to him.
8.The Criminal Application is disposed of as
withdrawn.
CRIMINAL APPEAL NO. OF 2021
Heard.
Admit.
Shri V.A. Thakare, learned Additional Public Prosecutor
waives service for the respondent.
JUDGE
JUDGE
C.L.Dhakate
1 issue framed by the court
Whether the delay in filing the appeal can be condoned.
1 provisions across 1 enactments
Duru Soma Katlami
The State of Maharashtra, Through P.S.O. Jarawandi
V.M. Deshpande
Amit B. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court