Single judge allowed condonation of delay regarding a POCSO appeal and admitted the criminal appeal, directing notice to the State regarding bail and suspension of sentence.
Condoned delay of 44 days in appeal and admitted Criminal Appeal ST No. 4367 of 2023.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL ST NO. 4367 OF 2023
WITH INTERIM APPLICATION NO. 1020 OF 2023 IN CRIMINAL APPEAL ST NO. 4367 of 2023 WITH INTERIM APPLICATION NO. 1019 OF 2023 IN CRIMINAL APPEAL ST NO. 4367 of 2023 WITH INTERIM APPLICATION NO. 1018 OF 2023 IN CRIMINAL APPEAL ST NO. 4367 of 2023
Hiralal Lakhan Mandal .. Appellant
Versus
The State of Maharashtra & Anr .. Respondents
Mr. R.U. Jha, for the appellant/applicant. Ms. Anamika Malhotra, APP for the State. Mr. Bharat Koyal, PSI, Nagpada Police Station
CORAM: BHARATI DANGRE, J. DATED : 11th APRIL 2023
P.C:-
Interim Application No.1018 of 2023
1 The present Application is for condonation of 44 days delay in instituting the appeal against the judgment dated 9/11/2022 passed by the Special Court in POCSO Special Case
Ashish
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No.66 of 2017.
Heard the learned counsel for the applicant and perused the application.
The delay has been sought to be explained by highlighting financial difficulty faced by the appellant, and I consider the same to be a satisfactory explanation for not filing the appeal within the period of limitation.
Interim Application No. 1018 of 2023 stands allowed by condoning the delay of 44 days. Interim Application stands disposed off.
Criminal Appeal (ST) No. 4367 of 2023
4 Through the Investigating Officer, the respondent no.2 shall be informed about the appeal being admitted and her right to be represented before this Court, while the appeal is being heard.
Interim Application No.1020/2023 and 1019/2023
5 Since the appellant stand convicted under the provisions of POCSO Act, issue notice to the respondent no.2 making it returnable on 20/04/2023. Notice shall be served through the Investigating Officer. He shall intimate respondent no.2 about filing of Appeal by the appellant and application
Ashish
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seeking suspension of sentence and his release on bail. He shall also apprise respondent no.2 about her right to be represented through the counsel of her choice or seek assistance from the Legal Aid.
( SMT. BHARATI DANGRE, J.)
Ashish
2 issues framed by the court
Whether the delay of 44 days in filing appeal against POCSO conviction merits condonation?
Whether the appellant is entitled to be granted bail and suspension of sentence pending appeal?
1 provisions across 1 enactments
Hiralal Lakhan Mandal
The State of Maharashtra & Anr
BHARATI DANGRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
