Case Note & Summary
The appellant, Shantaram Kachru Charoskar, filed an appeal from jail against his conviction under Section 302 of the Indian Penal Code, for which he was sentenced to life imprisonment. The appeal was filed with a delay, and the appellant submitted an application for condonation of delay. The High Court of Judicature at Bombay, comprising Justices V.G. Palshikar and R.C. Chavan, considered the application. Noting that the appellant was in jail and suffering the sentence of life imprisonment, the court found it just and proper to condone the delay. The application for condonation of delay was disposed of, and the appeal was admitted. The court did not delve into the merits of the case at this stage.
Headnote
A) Criminal Procedure - Condonation of Delay - Appeal from Jail - The court considered an application for condonation of delay in filing an appeal from jail by an accused convicted under Section 302 IPC and sentenced to life imprisonment. Taking into account the fact that the accused was in jail, the court deemed it just and proper to condone the delay. The application for condonation of delay was disposed of accordingly. (Para 1)
Issue of Consideration
Whether the delay in filing the appeal from jail should be condoned.
Final Decision
The court condoned the delay and admitted the appeal.
Law Points
- Condonation of delay
- Appeal from jail
- Life imprisonment
- Section 302 IPC
Case Details
2005 LawText (BOM) (07) 72
Criminal Appeal No. 1277 of 2004
V.G. Palshikar, R.C. Chavan
Ms. Sangita Bhole (appointed) for appellant (absent), Mr. P.H. Kantharia, APP for the State
Shantaram Kachru Charoskar
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought condonation of delay in filing the appeal and admission of the appeal.
Filing Reason
Appellant was convicted and sentenced to life imprisonment and filed an appeal from jail with delay.
Issues
Whether the delay in filing the appeal should be condoned.
Submissions/Arguments
Appellant's counsel (absent) presumably argued for condonation; State's APP opposed or left to court's discretion.
Ratio Decidendi
The court condoned the delay considering the appellant was in jail and suffering life imprisonment, deeming it just and proper to do so.
Judgment Excerpts
Taking into consideration the fact that the accused is in jail we deem it just and proper to condone the delay caused in filing the appeal.
Procedural History
The appellant was convicted under Section 302 IPC and sentenced to life imprisonment. He filed an appeal from jail with delay. The court considered the application for condonation of delay and admitted the appeal on 11.7.2005.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
