The High Court admitted the criminal appeal, condoned the delay in filing on grounds of jail incarceration, and directed notice to the state for conditional bail in a POCSO case.
Delay in filing appeal of 145 days condoned; Note issued to respondent no.2 regarding the appeal and stay application service.
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.
1/3 15 APEl st 5795-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL ST NO. 5795 OF 2023
WITH INTERIM APPLICATION NO. 1537 of 2023 IN
CRIMINAL APPEAL ST NO. 5795 OF 2023 WITH
INTERIM APPLICATION NO. 1536 of 2023 IN CRIMINAL APPEAL ST NO. 5795 OF 2023
Nitin Sanjay Jadhav .. Appellant
Versus
The State of Maharashtra & Anr .. Respondents
Mr.Ashish Satpute for the appellant. Mr.Y.M. Nakhawa, APP for the State.
CORAM: BHARATI DANGRE, J. DATED : 24th APRIL 2023
P.C:-
Appeal St No.5795.2023
3 Issue notice to the respondents, returnable on
23/6/2023.
Tilak
2/3 15 APEl st 5795-23.doc
4 IA No. 1536/2023
IA 1535/2023 seek condonation of delay of 140 days in filing the Appeal.
5 Heard the Appointed Advocate Mr.Ashish Satpute for the applicant and perused the application.
The appellant is convicted in Special Case No.9/2018 vide judgment and order dated 23/8/2022. In filing the Appeal, a delay of 145 days has occasioned and the application proceed to state that immediately after the conviction, the accused was sent to Jail and he was not aware of the legal procedure to be completed in order to file an Appeal. This has caused the delay, is the explanation that is offered.
Accepting the aforesaid explanation to be bonafide and a plausible one, I deem it appropriate to condone the delay of 145 days in filing the Appeal.
IA 1536/2023 stand disposed off.
IA No. 1537/2023
6 Since the offence invoked is under the POCSO Act, issue notice to respondent no.2, making it returnable on 23/6/2023. Notice shall be served through the Investigating Officer. He shall intimate respondent no.2 about filing of Appeal by the appellant and application seeking suspension of sentence
Tilak
3/3 15 APEl st 5795-23.doc
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.)
Tilak
2 issues framed by the court
Whether the delay in filing the appeal can be condoned.
What procedural directions are necessary in a POCSO case upon filing of an appeal and stay application.
Nitin Sanjay Jadhav
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
