The High Court of Bombay granted interim condonation of delay in filing a criminal appeal against conviction. The court accepted the applicant's inability to file immediately due to incarceration and allowed the application.
Condonation of delay in preferring the Criminal Appeal (ST) No. 8000 of 2022 is granted.
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.
spm 1 8-Ia-1518-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1518 OF 2022
IN
CRIMINAL APPEAL (ST) NO. 8000 OF 2022
Sarfaraz Mohd. Idris Khan @ Munna …..Applicant
Vs.
The State Of Maharashtra and Anr. …..Respondents
Mr. Rupesh Bobade for Applicant.
Ms. Sharmila Kaushik, APP for Respondent No.1-State.
Mr. S. D. Tawade, PSI, Pant Nagar Police Station is present.
CORAM : A. S. GADKARI, J.
DATE : 6th JULY, 2022.
P.C.:-
This is an Application for condonation of delay in preferring
Appeal against conviction.
2.Heard learned Advocate appointed by High Court Legal
Services Committee, Mumbai to represent the Applicant and learned APP.
3.Mr. Bobade, learned Advocate for the Applicant submitted that,
though the office of this Court has calculated delay of 2 years and 199 days
in preferring present Appeal, after taking benefit of the Order passed by the
Hon’ble Supreme Court in suo moto Writ Petition (Civil) No(s)3/2020, as
per his calculation, the actual delay in filing the present Appeal is of 255
days.
1/2
spm 2 8-Ia-1518-2022.doc
4.Perusal of record indicates that, there is substance in the
submissions made by the learned Advocate for the Applicant. That, as per
record, the Applicant is in jail since 28th August, 2017 and therefore could
not prefer the present Appeal immediately after passing of the impugned
Judgment and Order. Perusal of Application indicates that sufficient cause
for condonation of delay is made out.
5.In view thereof and for the reasons stated in the Application,
delay is condoned and Application is allowed in terms of prayer clauses (a)
and (b).
2/2
2 issues framed by the court
Whether the delay in filing the criminal appeal should be condoned.
Whether the applicant, being in jail since 28th August 2017, had sufficient cause for delay.
Sarfaraz Mohd. Idris Khan @ Munna
The State Of Maharashtra
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court