1 APPA.342-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 342 OF 2011 IN CRIMINAL APEAL (STAMP)NO. 171 OF 2011 Ruben @ Gandhi David Thomas ...Applicant. Vs. The State of Maharashtra . ...Respondent. ---- Mrs. A.S. Pai, APP for the State. --- CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. MARCH 16, 2011. P.C.:- 1 This application has been received from the Yerawada Central Prison where the applicant is undergoing life imprisonment. He has been convicted and sentenced for the offence under Section 302 of IPC in Sessions Case No.883 of 1990 as per the order dated 30.03.2001. He has filed the appeal against the order of conviction and sentence but after almost 10 years. Hence, this application for condonation of delay. 2 APPA.342-2011 2 No doubt there is inordinate delay caused in filing an appeal, but at the same time the applicant is undergoing the sentence and in the application he has stated that he was hospitalized in jail hospital, where he was treated and the jail authority made him aware to file an appeal. He applied for the copy of judgment on 9.12.2009 and it was made available to him on 5.2.2010. 3 Affidavit in support of the application is dispensed with. We are satisfied that the delay caused in filing the appeal deserves to be condoned. 4 Hence, the application is allowed in terms of prayer clause (a). (U. D. SALVI,J.) (B. H. MARLAPALLE,J.)