-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.69 OF 2009 IN CRIMINAL APPEAL NO. 59 OF 2009 Sukhdeo @ Sukhya Tulshiram Dalve ... Applicant vs. State of Maharashtra ...Respondent Mr. Vijay Hiremath for the applicant. Mr. K.V. Saste, Additional Public Prosecutor, for the State. CORAM: BILAL NAZKI & ANOOP V. MOHTA , JJ. DATE: JANUARY 29, 2009 P.C. This appeal has been filed by a convict who is in jail, through an Advocate. The delay is of more than four years. It is submitted that the prisoner had sent an appeal to the High Court, through the Superintendent of Yerwada Central Prison, Pune, in 2004. Nothing was heard from the High Court Registry till 21st February, 2008 when Shri S.S. Lad, Assistant Registrar of the Bombay high Court wrote a letter to the Superintendent of Yerwada Central Prison, Pune, asking him to inform the prisoner that the appeal which had been sent by the accused to the High Court has been lost. This appears to be a serious matter where the prisoner's appeal was lost and after four years nothing was done even to locate the appeal filed but simply the prisoner was informed by the Assistant Registrar that his appeal had been lost. The Officers -2- responsible for this lapse need to be proceeded against. Therefore, copy of this order along with the letter written by the Assistant Registrar dated 21st February, 2008, be placed before the Hon'ble the Chief Justice for appropriate directions. The delay in filing the appeal is condoned. The prisoner had sent his appeal in 2004. Therefore, this appeal should be treated to have been filed in 2004, so that it is taken up for hearing along with the cases which have been filed in 2004. The application is accordingly disposed of. BILAL NAZKI, J. ANOOP V. MOHTA, J.