1 CRMA 90 2026 Suzana IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO.90 OF 2026 WITH CRIMINAL APPEAL NO.553 OF 2026 (F) CRIMINAL MISC. APPLICATION NO.90 OF 2026 IN CRIMINAL APPEAL NO.553 OF 2026 (F) SANTOSH KORVA ... APPLICANT Versus STATE OF GOA THR THE PUBLIC PROSECUTOR AND ANR ... RESPONDENTS WITH CRIMINAL APPEAL NO.553 OF 2026 (F) SANTOSH KORVA ... APPELLANT Versus STATE OF GOA THR THE PUBLIC PROSECUTOR AND ANR ... RESPONDENTS Mr. Salil Lawande, Advocate for the Applicant. Mr. Shailendra G. Bhobe, Public Prosecutor for the Respondents. CORAM:- HITEN S. VENEGAVKAR, J. DATED :- 2nd July, 2026 ORAL ORDER: 1. The present application is filed for condonation of delay in filing the Criminal Appeal. The Application states that there is a delay of almost 322 days in filing the present Criminal Appeal. The Applicant is in jail on account of the sentence imposed on the Applicant under Sections 363, 376 and 506(2) of the IPC and under Sections 4, 8 and 12 of the POCSO Act. The reasons stated in the present Application at paragraph 5 is that the Applicant was unfamiliar with the law of appeal 2nd July, 2026 2026:BHC-GOA:1251 1 CRMA 90 2026 after his conviction and was uncertain about the procedure to be followed after being convicted. 2. The Learned Advocate appearing for the Applicant submits that the Applicant is a poor labourer and he genuinely did not know the remedy available to him against the impugned Judgment and Order convicting him. He further submits that as the Applicant was immediately taken in custody and he was lodged in prison, he was unable to contact him to take any legal advice. He further submits that the brother of the Applicant contacted the present Advocate on telephone and thereafter the remedy was informed and the decision to file present Appeal was taken. He, therefore, submits that the delay caused of 322 days in filing of the present application is bonafidely explained and therefore the delay deserves to be condoned. 3. Learned Public Prosecutor appearing for the State though technically opposes the application on the ground that the defence raised by the Applicant in the application about ignorance of law cannot be taken as a valid ground for condonation of the delay caused in filing of the present Appeal. 3. I have heard both the Advocates and have also considered the application. The Applicant is admittedly lodged in prison and is undergoing the sentence imposed on him by the trial Court. The present Criminal Appeal is a statutory right granted to the present 2nd July, 2026 1 CRMA 90 2026 Applicant in the CrPC and therefore, it cannot be taken away merely because there is delay caused in lodging of the Appeal. I am satisfied that the Applicant has made out a case for condonation of delay of 322 days in preferring the present Criminal Appeal. Accordingly, the delay of 322 days stands condoned. The Application is disposed of as allowed. The Registry is directed to register the Criminal Appeal. 4. List the Criminal Appeal on 24.07.2026. HITEN S. VENEGAVKAR, J. 2nd July, 2026 Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 02/07/2026 13:01:38