Vijay Sudam Wagh v. The State Of Maharashtra

(28)IA-569-2022.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.02.23 18:04:55 +0530 CRIMINAL APPELLATE JURISDICTION RAJSHREE KISHOR MORE INTERIM APPLICATION NO.569 OF 2022 IN CRIMINAL APPEAL (S) NO.2548 OF 2022 Vijay Sudam Wagh ] ..

Applicant vs.

The State of Maharashtra ] ..

Respondents Ms.Pranali Kakade for Applicant.

Mr.V.B. Konde-Deshmukh, APP for State.

CORAM :

S.S.SHINDE & N.R.BORKAR, JJ DATE :

23RD FEBRUARY 2022 P.C.

1] The learned counsel for the applicant submits that the applicant is in jail since his arrest i.e. since 2012. She submits that for the reasons stated in the application, the applicant could not fle Appeal. She submits that the delay in fling the appeal is neither intentional nor deliberate.

2] The learned APP submits that this Court may pass appropriate orders as it thinks ft.

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(28)IA-569-2022.doc 3] We have carefully perused the averments in the application and in particular para 3 thereof. We are satisfed that the delay in fling the Appeal has been properly explained. By delaying of fling the Appeal, the applicant has not gained any undue advantage, on the contrary he is in Jail .

4] In this view of the matter, following order is passed : i] Interim Application is allowed.

ii] The delay in fling the Appeal is condoned.

ii] The Interim Application is disposed of.

[N.R.BORKAR, J] [S.S.SHINDE,J] 2/2