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2025 DAILYLAW 53520 (BOM)

SURENDRA RUPCHAND GANVIR v. STATE OF MAHARASHTRA THR PSO OF PS PACHPAOLI NAGPUR

APPA/662/2025 · 2025-09-04

Shri Anil L Pansare, Shri Siddheshwar Sundarrao Thombre

Criminal Appealbody2025

Judgment text

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1 appa 662.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 662 OF 2025 in CRIMINAL APPEAL St. NO. 6365 OF 2025 [Surendra Rupchand Ganvir vs. State of Maharashtra, through P.S.O., P.S., Pachpaoli, Nagpur] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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, Advocate for the applicant (Appointed) Mr. K. R. Lule, APP for the State CORAM: ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ. DATED : 04-09-2025. Heard. The applicant has filed application seeking condonation of delay of 687 days in filing appeal against the judgment and order of conviction and sentence dated 30-6-2023 passed in Special POCSO Case No. 269/2020 by Special Court No. 1 (POCSO), Nagpur whereby the applicant has been sentenced to imprisonment for life. Learned counsel for the applicant submits that delay has occurred because of restriction on movements of the applicant, who is in jail for last 7 years. He could not seek assistance and also procure documents. He is poor and, therefore, could not appoint Advocate of his choice. He, later on, came to know that legal aid is available and accordingly, moved an application to the High Court Legal Services Sub Committee, Nagpur, which Committee appointed Advocate for filing appeal. Learned Additional Public Prosecutor (APP) has opposed the application on the count that delay is not properly 2025:BHC-NAG:8719-DB 2 appa 662.2025 explained. In our view, the applicant is facing multiple difficulties. He had restriction on movements. He could not seek assistance of Advocate of his choice and also could not procure documents. He approached the High Court Legal Services Sub Committee, Nagpur with a request to provide him legal aid and same has been provided now. Thus, the applicant has justified the delay. In view thereof and for the reasons set out in the application, the application is allowed. Delay is condoned. Appeal be registered. The application is disposed of in above terms. CRIMINAL APPEAL NO. OF 2025 Heard. Admit. Call R & P. Learned APP waives notice for the State/respondent on merit. Criminal Application (APPA) St. No. 6367/2025 Issue notice, returnable in two weeks. Learned APP waives notice for the State/non- applicant. (S. S. THOMBRE, J.) (A. L. PANSARE, J.) wasnik