← Library
Bombay High CourtAPPA/93/2019others disposed off

Dinesh Laxman Chavan v. The State Of Maharashtra

2019-06-04Hon'Ble Shri Justice Indrajit Mahanty,Hon'Ble Shri Justice A.M. Badar2 pages

12-APPA-93-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.93 OF 2019 IN CRIMINAL APPEAL (STAMP) NO.72 OF 2019 DINESH LAXMAN CHAVAN )...APPLICANT V/s.

THE STATE OF MAHARASHTRA & ANR.

)...RESPONDENTS Mr.N.J.Mohite, Advocate for the Applicant.

Mrs.M.M.Deshmukh, APP for the Respondent - State. Ms.Megha Bajoria, Advocate for Respondent No.2.

CORAM

:

INDRAJIT MAHANTY & A. M. BADAR, JJ.

DATE :

4th JUNE 2019 P.C. :

This is an application for condonation of delay of 2 years and 72 days in filing appeal challenging rejection of application of bail moved by the applicant.

avk 1/2

12-APPA-93-2019.doc We have heard the learned counsel appearing for the applicant as well as the learned counsel appointed to represent respondent no.2 at the cost of the State. We have also heard the learned APP appearing for respondent no.1. It needs to be noted that the applicant is in custody.

In view of judgment of the Full Bench of Allahabad High court in the matter of In Re : Provision of Section 14(a) of SC/ST (Prevention of Atrocities) Amendment Act, 20151 and as the averments made in the application constitute sufficient cause, the application is allowed. Therefore, the order :

ORDER

i) The application is allowed.

ii) Delay is condoned.

iii) Appeal be registered and put up for hearing after two weeks. (A. M. BADAR, J.) (INDRAJIT MAHANTY, J.) 2018 CRI.L.J.5010 avk 2/2