Allowed

Anwar Khan Nasir Khan Pathan v. the State of Maharashtra

Bombay HC21 Jun 2024APPLN/2009/2024

Case brief

AI extract

What is this about?

Allowed an application for condonation of immense delay in filing a criminal appeal against conviction. The court held that the applicant being under trial and having no male family member to prosecute the appeal, coupled with the legal aid allocation, justified condoning the six-year delay.

What did the court decide?

Application for condonation of delay in filing appeal for six hundred and forty-two days is allowed and disposed of.

Anwar Khan Nasir Khan Pathan Vs the State of… — Criminal Trial and Appeal | Bombay HC (2024)

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2024:BHC-AUG:11604

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910-APPLN.2009.2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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910 CRIMINAL APPLICATION NO. 2009 OF 2024 IN APEALST/5350/2024

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Anwar Khan Nasir Khan Pathan, Age:- 44 years, Occ. Labour, R/o Undirkheda, Parola, At Present Hazar Basti, Behind Alhera High School, Dhule … Applicant

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Versus

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The State of Maharashtra Through Police Inspector, Parola Police Station, Tq. Parola, Dist. Jalgaon … Respondent

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Advocate for Applicant : Mr. Prasad Balasaheb Kadam (Appointed through Legal Aid) APP for Respondents: Mrs. Uma Bhosale

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CORAM : ABHAY S. WAGHWASE, J. DATED : 21^st JUNE, 2024

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PER COURT :

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This is an application for condonation of delay of 642

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days caused in filing the criminal appeal against the judgment and order of conviction dated 20.02.2021 passed by Additional Sessions Judge, Amalner, District Jalgaon in Sessions Case No.76 of 2019.

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Learned counsel for applicant pointed out that accused

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is under trial. That, there is no male member in his family to take

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910-APPLN.2009.2024

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steps to file appeal against conviction. That, moreover instant proceedings are received to him on being allotted by Legal Aid Cell. For above reasons, he seeks condonation of delay.

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Learned APP strongly opposed the application on the ground that delay is immense. That, there is no plausible explanation given for his huge delay.

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Considering the fact that, applicant is under trial and the statement made across the bar by learned counsel for applicant that there is no literally male member in the family of convict to further prosecute the matter by way of appeal and as an fair opportunity to contest the appeal, delay so caused is condoned.

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The application stands allowed and disposed of.

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Registry to verify and to take further steps.

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Issue notice to the respondent in criminal appeal as well as in application for suspension of sentence. Learned APP waives notice on behalf of respondent – State.

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8. Stand over to 19.07.2024.

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Tandale

Anwar Khan Nasir Khan Pathan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Anwar Khan Nasir Khan Pathan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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