(1) 931.appa.306.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.306 OF 2025 IN CRIMINAL APPEAL STAMP NO.2508 OF 2025 Shubham @ Bhurya Gajanan Shendre Vs. State of Maharashtra, through Police Station Officer, Police Station, Ramnagar, District Wardha -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. K. G. Rathi, Counsel for the applicant/appellant. Mr. N. B. Jawade, APP for respondent/State CORAM : URMILA JOSHI-PHALKE, J. DATED : 27/03/2025 1. By this application, the applicant is seeking condonaion of delay which is caused in preferring the appeal against the conviction. 2. Heard learned learned Counsel for the applicant, who submitted that delay of 611 days is caused in preferring the appeal against the conviction. In fact, the applicant is a layman who was not aware about the legal provisions, and therefore, he could not approach to his Counsel and prefer an appeal. Appeal is his statutory right, if the delay is not condoned, he will lose his statutory right, in view of that delay be condoned. 2025:BHC-NAG:3448 (2) 931.appa.306.2025 3. Learned APP strongly opposed for the same and submitted that there is no sufficient and satisfactory reason for the condonation of delay. In view of that, the application deserves to be rejected. 4. Heard learned Counsel for the applicant. Perused the record it reveals that the applicant is convicted for the offence punishable under Sections 363, 366A, 376(2)(i) of the Indian Penal Code and under Section 6 of the Protection of Children from Sexual Offences Act and sentenced to suffer rigorous imprisonment for 15 years and fine of Rs.15,000/-, in default payment of fine to suffer simple imprisonment for one year for the offence punishable under Section 376(2)(i) of the Indian Penal Code. He is further convicted for the offence punishable under Sections 363 and 366A of the Indian Penal Code also. Admittedly, the applicant has a statutory right to prefer the appeal. However, considering that the applicant is a layman who was not aware about the legal provisions and as per the contention he could not approach to the Counsel as he is behind bars. There is nobody in the family to look after his defence and therefore, the delay is caused. Therefore, sufficient and satisfactory reason is mentioned in the application, in view of that delay of 611 days is hereby condoned. 5. The appeal be registered. 6. The application is disposed of. (3) 931.appa.306.2025 CRIMINAL APPEAL STAMP NO.2508 OF 2025 1. On registration of the appeal, learned APP waives notice for the State. 2. Call for record and proceedings. 3. Learned APP shall file reply on the suspension application. 4. Stand over after three weeks. (URMILA JOSHI-PHALKE, J.) Sarkate