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2024 Supreme(SC) 377

B. R. GAVAI, SANDEEP MEHTA
Kariman – Appellant
Versus
State Of Chhatisgarh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Vijay Hansaria, Sr. Adv. Mr. Pahlad Singh Sharma, AOR (SCLSC) Mr. Sushil Kumar Sharma, Adv. Ms. Kavya Jawhar, Adv. Mr. Virendra Kumar, Adv. Ms. Nadini Rai, Adv. Ms. Ankhi Sarkar, Adv.
For the Respondent(s): Ms. Archana Pathak Dave, A.A.G. Mr. Apoorv Shukla, AOR Ms. Prabhleen A. Shukla, Adv. Mr. Parmod Kumar Vishnoi, Adv.

JUDGMENT :

Mehta, J.

1. This special leave petition filed on behalf of the accused petitioner is delayed by 2461 days.

2. It is specifically mentioned in the application seeking condonation of delay that the accused petitioner was prevented from filing the special leave petition in time because he was not aware regarding the legal procedure and no guidance was provided to him in jail. While being incarcerated in jail, the petitioner came to know about legal aid being provided by the Supreme Court Legal Services Committee and accordingly, a request was made on behalf of the petitioner to the Supreme Court Legal Services Committee and consequently, a free legal aid counsel was appointed by the Committee to defend the petitioner and to file the special leave petition on his behalf.

3. The delay in filing of the special leave petition is thus, condoned.

4. Leave granted.

5. The instant appeal is directed against the judgment and order dated 27th June, 2016 passed by the High Court of Chhattisgarh, Bilaspur in Criminal Appeal No. 712 of 2003 whereby the appeal preferred by the appellant was rejected and judgment and order dated 30th October, 2001 rendered by the Court of Third Additional Sess

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