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2025 DAILYLAW 54638 (BOM)

IMTIYAJ ALI MUKHTAR ALI v. THE STATE OF MAHARASHTRA THR PSO PS WATHODA TALUKA AND DIST NAGPUR

APPA/731/2025 · 2025-08-26

Shri Anil L Pansare, Shri M M Nerlikar

Criminal Appealbody2025

Judgment text

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1 2 appa 731.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 731/2025 IN CRIMINAL APPEAL (ST) NO. 7187/2025 (Imtiyaj Ali Mukhtar Ali Vs. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.W. Mirza, Advocate for applicant. Mr. A. Badar, APP for non-applicant/State. CORAM: ANIL L. PANSARE AND M. M. NERLIKAR, JJ . DATED : 26/08/2025. Heard. 1. The application for condonation of delay of 44 days in preferring the appeal against the conviction is filed by the applicant/appellant. 2. The reasons put-forth by the present applicant is set out in para 2 and 3 of the application which read as under:- “2. That the prescribed period of limitation of 60 days for filing the appeal expired on 19.06.2025. The delay of 44 days in filing the appeal was due to the financial constraints, as the appellant was unable to arrange the necessary funds required to engage legal counsel for High Court within the prescribed limitation period. The appellant, being from a financially weaker background, faced genuine difficulties in mobilizing resources to initiate the appeal process. 3. It is also submitted that the appellant/applicant is a layperson with no legal knowledge and was unaware of the procedural requirements and the time frame prescribed for filing the appeal. Due to lack of legal 2 2 appa 731.25 awareness, the appellant/applicant could not take immediate steps to challenge the impugned order within the stipulated period.” 3. For the reasons stated above, application is allowed. The delay of 44 days in preferring the appeal stands condoned. 4. Application stands disposed of. CRIMINAL APPEAL (ST) NO. 7187/2025 1. Heard. 2 Admit. 3. Learned APP waives service of notice. 4. Call for record and proceedings. ( M. M. NERLIKAR , J.) ( ANIL L. PANSARE , J.) Gohane