Applicant moved High Court for condonation of delay in filing Criminal Appeal. Court allowed application, condoning 6 years and 279 days delay due to applicant's custody and lack of legal advice.
Interim Application No. 966 of 2023 allowed by condoning the delay of 6 years and 279 days.
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 INTERIM APPLICATION NO.966 OF 2023 IN CRIMINAL APPEAL (ST) NO. 4500 OF 2023
Sapan Ranjeet Haldar .. Applicant Versus The State of Maharashtra .. Respondent
Ms. Saima Ansari for the applicant. Ms. A.A. Takalkar, APP for the State.
CORAM: BHARATI DANGRE, J. DATED : 15th MARCH 2023
P.C:-
1 The present application is filed in criminal appeal by which the appellant has assailed the judgment and order dated 14/03/2016 passed by the District and Additional Judge, Pune in special case no. 17 of 2015.
2 Heard Ms. Saima Ansari, appointed by Legal Services authority to represent the applicant.
Perused the application filed on 17/02/2023 which seek condonation of delay of 6 years and 279 days in presenting the appeal.
3 The application proceed to state that the copy of the judgment and order delivered by the Court on 14/03/2016 was
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received by the applicant on the date of its pronouncement but since applicant was in custody and he was not properly advised to take appropriate steps, he could not file an appeal. It was only in February, 2023, when the legal aid committee High Court of Bombay appointed Ms. Saima Ansari to file appeal, the appeal came to be filed, which has occasioned the delay.
4 On perusal of the application, I deem it appropriate to condone the delay, as the ground stated in the application appear to be a bonafide and in order to afford an opportunity to the applicant to call in question the judgment and order which has convicted him for the offences with which he is charged, the delay deserve to be condoned.
Interim Application No. 966 of 2023 is allowed by condoning the delay of 6 years and 279 days.
( SMT. BHARATI DANGRE, J.)
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1 issue framed by the court
Whether the delay of 6 years and 279 days in filing the special leave petition justified condonation due to the applicant's custody and lack of proper legal advice.
Sapan Ranjeet Haldar
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
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