1 APPA 597/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 597 OF 2011 IN APPEAL ST.NO.383 OF 2011 Shri Shravan Kumar Hariprasad Mishra : Applicant. versus The State of Maharashtra : Respondent. Mr.R J Bhaita for the Applicant. Mr. J P Yagnik APP for the State. CORAM : NARESH H PATIL & MRS.MRIDULA R BHATKAR, JJ DATE : 22nd JUNE 2011 P.C. 1 Heard. Applicant Shravankumar Hariprasad Mishra was convicted by the trial Court in Sessions Case No.796 of 1996 for committing murder of Ramu @ Laxman @ Ramla Komtya Naik and his wife Rukhminibai Ramla Naik and was sentenced to suffer imprisonment for life. 2 The incident in question took place on 23/3/1996. According to the prosecution, the applicant assaulted the deceased persons at Pump House in the compound of building Krishna Cottage at Nat Pai Nagar, Ghatkopar. The applicant was arrested by the police immediately soon thereafter. 3 The learned counsel appearing for the applicant submits that due to want of advice and precarious financial condition, the applicant could not file appeal against the impugned judgment and order passed by the trial Court. The 2 APPA 597/11 learned counsel for the applicant submits that the applicant is in jail since last 15 years and at his request he was transferred to his native place and was lodged in Nainital Central Jail Allahabad. The learned counsel for the applicant further submits that the applicant was under impression that after suffering sentence of 15 years in jail, he would be released, but later on he was informed that for the offence committed by him, he could be in jail for more than 23 years. After taking advice from his relatives, the applicant decided to file appeal. The learned counsel therefore submits that the delay caused in filing the present appeal is not deliberate and intentional and, in case the delay is not condoned, the applicant would loose his statutory right to contest the appeal on merits. He further produces on record a simple copy of the order dated 11/05/2011 passed by the Apex Court in SLP CRIMP. No.9444/2011 in the case of Bunda v/s State of NCT of Delhi. The learned counsel for the applicant submits that in that case the Apex Court condoned delay of 5577 days in filing appeal by the Petitioner therein who was convicted under Section 302 r/w 34 of the Indian Penal Code. 4 The learned APP for the State objected to the prayer made by the applicant for codonation of delay in filing appeal. According to him, the delay is gross and not properly explained. He further submits that the grounds raised by the applicant for condonation of delay are not satisfactory. 5 We have considered the submissions advanced. We have perused the documents placed before us and the simple copy of the order passed by the Apex Court. No doubt there is gross delay in preferring present appeal against the 3 APPA 597/11 impugned judgment and order passed by the trial Court. Only ground which the applicant wants to press is of his financial condition and lack of proper legal advice. It is true that in case the delay is not condoned, the applicant would be deprived of his statutory right to file appeal against the impugned judgment and order. If we condone the delay, the applicant would get an opportunity to argue the appeal on merits. Considering all these factors, we are inclined to condone the delay in filing the present appeal. Application is allowed. Delay is condoned. Application is accordingly disposed of. (MRS.MRIDULA R BHATKAR J.) (NARESH H PATIL, J.)