ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. Though respondent No.2 is served on 25.1.2024, he has chosen not to enter appearance.

2. The present application is filed seeking condonation of delay of 531 days in filing the captioned criminal appeal.

3. Rule returnable forthwith. Learned APP waives service of Rule for the respondent -State.

4. Learned advocate Mr. Kalpesh Pandit for the applicant has submitted that the applicant is in jail since 10.12.2020 and the applicant is poor and uneducated and not in a position to hire private advocate. He further submitted that from the date of arrest he trial of the case is conducted as under trial prisoner by availing services of free legal aid counsel and after passing of the impugned judgment dated 22.4.2022, the appellant has been facing acute financial crisis due to the fact that there is nobody to held the appellant.

5. He also submitted that the applicant was advised by the Para Legal Volunteers offering free legal services in the jail premises and thereafter the applicant obtained the copy of judgment through para legal volunteer and thereafter, the applicant as jail inmate applied for legal aid counsel through Jail Legal Aid Committee on 27.9.2023 and thereafter the Jail Superintendent forwarded the application of the applicant to High Court Legal Service Committee through ofÏcial letter along with all details of his imprisonment and thereafter the initiated the process of providing legal aid to the applicant as per prescribed procedure.

6. He also submitted that certified copy of he judgment and copies of the relevant details were called for in order to prepare the captioned Criminal Appeal and therefore, the delay of 531 days in filing the captioned criminal appeal may be condoned.

7. Learned Additional Public Prosecutor has vehemently opposed the present application looking to the seriousness of the offence committed by the accused.

8. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application, in the interest of justice, the delay of 531 days in filing the captioned criminal appeal requires to be condoned. The same is hereby condoned.

9. The present application stands allowed. Rule is made absolute.

(A. S. SUPEHIA, J) (VIMAL K. VYAS, J)

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