The High Court of Mumbai allowed an interim application to condone a delay of 2 years and 342 days in filing a criminal appeal against conviction under IPC and POCSO sections, allowing it due to bona fide reasons related to poverty and health.
Condonation of delay of 2 years and 342 days in filing the Appeal.
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(23)IA-732-2023.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.732 OF 2023
IN
CRIMINAL APPEAL (ST) NO.3605 OF 2023
Shahaji Anandrao Patole ] .. Applicant vs. State of Maharashtra & Anr. ] .. Respondents
Mr.S.D. Chandak, appointed Advocate for the Applicant. Ms.P.N. Dabholkar, APP for the State.
CORAM : BHARATI DANGRE, J
DATE : 2nd May, 2023
P.C.
1] By the present Application, the Applicant seek condonation of delay of 2 years and 342 days, in filing the Appeal.
2] The Appeal is filed, being aggrieved by the Judgment passed by the Additional Sessions Judge, Vaduj on 06.01.2020, which has convicted him for committing offence punishable under Section 376(2) (d), 354, 354-B of the IPC, under Section 5(1)(d) of the POCSO Act and Section 3(1)(iii)(xi)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Judgment has acquitted, Accused No.2.
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(23)IA-732-2023.doc
3] The learned counsel, in support of the Application for condonation of delay, would submit that the Applicant had no access to justice, since he belongs to a poor family. The impugned Judgment is delivered on 06.01.2020 and due to his health condition, he was unable to find out any medium, through whom he could have filed the Appeal. However, subsequently on being offered legal assistance through the Legal Services Authority, Appeal came to be filed after delay of 2 years and 342 days.
4] Considering the reason stated in the Application, which appear to be bonafide and since access of justice cannot be denied, particularly to an accused who has been convicted, I deem it appropriate to condone the delay.
Interim Application is allowed. The delay of 2 years and 342 days in filing the Appeal is condoned.
Interim Application No.732/2023 stands disposed off.
[BHARATI DANGRE, J]
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1 issue framed by the court
Whether a conviction appeal filed with a delay of 2 years and 342 days due to poverty and lack of access to legal aid can be condoned.
5 provisions across 3 enactments
Shahaji Anandrao Patole
State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
