1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.3120 OF 2009 IN CRIMINAL APPEAL STAMP NO.382 OF 2009 Javed Khan s/o Salam Khan Pathan ... APPLICANT VERSUS State of Maharashtra ... RESPONDENT ----- Shri A.B. Gaikwad, Advocate for the applicant (appointed) Shri K.B. Choudhari, APP, for the respondent ----- CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATED : 14th October, 2009. ORAL ORDER : 1. Heard Shri Gaikwad, learned counsel for the applicant and Shri K.B. Choudhari, learned A.P.P. for the respondent/State. 2. The applicant was convicted by the Adhoc Additional Sessions Judge-4, Aurangabad for an offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer 2 rigorous imprisonment for life, by judgment and order dated 3.11.2007 in Sessions Case No.247/2006. 3. The learned counsel for the applicant submits that, due to acute financial condition, the applicant was unable to engage an Advocate as he was unable to pay fees of the Advocate. It is contended by the applicant in paragraph No.4 that he has addressed a letter to the Hon’ble the Chief Justice of the High Court. 4. Considering the fact that the applicant is convicted of a serious offence, we find that he must get an opportunity to put up his case before the Court in the appeal, which is being preferred along with the application. The delay is required to be condoned in the interest of justice. The delay is condoned. Application is allowed. 5. The Legal Services authorities to pay the fees of Advocate Shri A.B. Gaikwad for this application. [ SHRIHARI P. DAVARE, J.] [ NARESH H. PATIL, J.] fmp/cri3120.09 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPEAL NO.__________OF 2009 (CRIMINAL APPEAL STAMP NO.382 OF 2009) Javed Khan s/o Salam Khan Pathan ... APPELLANT VERSUS State of Maharashtra ... RESPONDENT ----- Shri A.B. Gaikwad, Advocate for the appellant (appointed) Shri K.B. Choudhari, APP, for the respondent ----- CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATED : 14th October, 2009. ORAL ORDER : 1. Heard Shri Gaikwad, learned counsel for the applicant and Shri K.B. Choudhari, learned A.P.P. for the respondent/State. 2. Admit. 3. Learned A.P.P. waives service of admission for the respondent/ State 4 4. The Legal Services authorities to pay the fees of Advocate Shri A.B. Gaikwad at this stage. [ SHRIHARI P. DAVARE, J.] [ NARESH H. PATIL, J.] fmp/cri3120.09