11.appa.1258.24.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.1258 OF 2024 IN CRIMINAL APPEAL (ST.) NO.6440 OF 2024 (Niklesh Diwakar Nidhekar Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.S. Shukla, Advocate for the applicant. Mr. V.A. Thakare, APP for the State. CORAM:- URMILA JOSHI-PHALKE, J. DATED :- JANUARY 8, 2025. By this application, the applicant is seeking condonation of delay which is caused in preferring the appeal against the judgment passed by the learned Special Judge (POCSO Act), Wardha in Special Case No.03/2021. 2. As per the contention of the learned Counsel that as the appellant was behind bar, he could not arrange for his defence, and therefore, he could not approach to the Counsel to prefer an appeal, and therefore, delay of 37 days is caused. 3. Learned APP strongly opposed the application on the ground that there is no sufficient and satisfactory reason for condonation of delay. 4. Considering the reasons mentioned in the application and considering the fact that the appellant is behind bar and there was nobody to look after his defence, the delay is caused which appears to be sufficient 11.appa.1258.24.odt 2 and satisfactory reason. In view of that, the delay is condoned. 5. The application is allowed. 6. The appeal be registered. 7. Leave is granted to the learned Counsel for the appellant to delete the name of the victim from the title clause. 8. Place the matter after two weeks. (URMILA JOSHI-PHALKE, J.) *Divya