The High Court allowed a criminal appeal filed with a significant delay after the appellant challenged a life imprisonment conviction. The court condoned the delay due to the appellant's detention without bail and admitted the appeal.
Condoned delay of 1160 days in filing the appeal and ordered legal aid.
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.
913-CriAppln-750-2020
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
913 CRIMINAL APPLICATION NO. 750 OF 2020
IN CRIMINAL APPEAL ST. NO. 210 OF 2020
WITH
CRIMINAL APPEAL ST. NO. 210 OF 2020
MAHADEO S/O. UTTAM UKHANDE
VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicants : Mr. Pradeep K. Palve (appointed Through
Legal Aid)
APP for Respondent-State : Mr. S. J. Salgare
CORAM :SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.
DATED :14 SEPTEMBER 2023
PER COURT :-
1. Issue notice to the respondent-State. Learned APP waives notice.
2.The appellant challenges his conviction in Sessions Case No. 83
of 2014 by learned Additional Sessions Judge, Ambajogai on
24.10.2016 after holding him guilty of committing offence punishable
under Section 302 of the Indian Penal Code. The accused-appellant
came to be arrested on 19.06.2014 and was never released on bail.
Under said circumstance, legal aid is required to be given to him to
challenge his conviction and therefore, as good grounds have been
913-CriAppln-750-2020
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shown, delay of 1160 days in filing criminal appeal stands condoned.
Criminal Application No. 750 of 2020 stands allowed and disposed of.
3. Registry to verify and register the appeal.
4. Since arguable points are made, the appeal is admitted .
5. Issue notice of the appeal to the respondent-State. Learned APP
waives notice.
6. Call record and proceedings with paper-book.
7. The appeal be placed after the paper-book is received along
with the record and proceedings.
[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]
vre
2 issues framed by the court
Whether the delay of 1160 days in filing the criminal appeal necessitated condonation as the appellant remained in custody without bail.
Whether the appellant requires legal aid to challenge his conviction under Section 302 IPC.
1 provisions across 1 enactments
Mahadeo S/o. Uttam Ukhande
The State of Maharashtra
Vibha Kankanwadi
Abhay S. Waghwas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court