Single judicial bench allowed an interim application for condonation of delay in filing a criminal appeal, finding the delay was neither intentional nor deliberate, despite disagreement from the applicant regarding the start date of delay calculation.
The interim application is allowed and the delay in filing the appeal stands 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.
Digitally signed LAXMIKANT by LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2022.03.22 16:07:07 +0530
(902) IA-3025.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.3025 OF 2021
IN
CRIMINAL APPEAL STAMP NO.18549 OF 2021
Balwant alias Balu Dyandev Ghag : Applicant. Versus The State of Maharashtra : Respondent.
Mr. Pawan Mali appointed advocate for the Applicant. Mr. A A Palkar, APP for the Respondent/State.
CORAM : S. S. SHINDE, SARANG V. KOTWAL, JJ DATE : 22nd MARCH, 2022
P.C.
1 At the outset the learned counsel appearing for the Applicant seeks
leave to amend the prayer clause of the Application. Leave granted. Amendment to be carried out during the course of the day.
3 Heard Mr. Pawan Mali, the learned advocate appointed for the Applicant and Mr. A A Palkar, the learned APP for the Respondent/State.
4 Mr. Pawan Mali, the learned counsel for the Applicant submits that
the Registry has not correctly calculated the days of delay in filing the appeal. He submits that the Registry ought to have calculated the days to consider the
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(902) IA-3025.21.odt
delay in filing the appeal from the date of receiving the letter from jail, however, the delay has been calculated from the date of filing of proper appeal memo by the appointed advocate.
5 We find considerable force in the submissions of the learned counsel appearing for the Applicant. It appears that there is a delay of 147 days in filing the Appeal. We have carefully perused the averments made in the application and the explanation offered therein, and we are satisfied that the delay in filing the appeal is neither intentional nor deliberate.
6 In that view of the matter, the delay in filing the appeal deserves to be condoned. The Interim Application is allowed. The delay in filing the appeal stands condoned. The Interim Application stands disposed of.
[SARANG V. KOTWAL, J] [S. S. SHINDE , J]
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2 issues framed by the court
Whether the delay in filing the appeal is intentional or deliberate.
Whether the calculation of delay should start from the date of receiving the letter from jail instead of the date of filing the appeal memo.
Balwant alias Balu Dyandev Ghag
The State of Maharashtra
S. S. SHINDE
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
