(1) 948.appa.441.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.441 OF 2025 IN CRIMINAL APPEAL STAMP NO.4055 OF 2025 Purushottam s/o. Babulal Kokode Vs. State of Maharashtra, through Deolapar Police Station, District Nagpur and another -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. J. Pandey, Counsel for the applicant. Mr. N. B. Jawade, APP for non-applicant No.1/State. Mr. P. S. Lingayat, Counsel for the non-applicant No.2. CORAM : URMILA JOSHI-PHALKE, J. DATED : 24/06/2025 1. By this application, the applicant is seeking condonation of delay which is caused in preferring the appeal against conviction. 2. Heard learned Counsel for the applicant, who submitted that the present applicant, being an illiterate person, was not aware about the Court proceedings and he was not informed by the Counsel for challenging the judgment of conviction and therefore, he could not file an appeal. Moreover, he is the only earning member in the family and, therefore, he could not engage the Counsel to prefer an appeal, therefore, the delay was caused. 2025:BHC-NAG:6085 (2) 948.appa.441.2025 3. The said application is strongly opposed by the State as well as the learned Counsel for the non-applicant No.2 on the ground that there is no satisfactory reason for condonation of delay. 4. Heard both the sides. Perused the recitals of the application, being preferring an appeal is a statutory right and the reasons mentioned in the application that being he is an illiterate person, not aware about the Court proceeding and law, and he was not informed by his Counsel also, therefore, the delay was caused. There appears to be satisfactory reason. In view of that, the application for condonation of delay deserves to be allowed. Accordingly, I proceed to pass following order: ORDER (i) The application is allowed. (ii) Delay of 582 days is hereby condoned. (iii) Appeal be registered. The application is disposed of. CRIMINAL APPEAL STAMP NO.4055 OF 2025 (i) Heard. (ii) Admit. (iii) After registration of the appeal, learned APP waives notice for the State. (iv) Learned Counsel Mr. P. S. Lingayat is hereby appointed to represent the non-applicant (3) 948.appa.441.2025 No.2– victim, who is already served in the delay application. (v) Place the matter for admission, after its registration. (URMILA JOSHI-PHALKE, J.) Sarkate