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Bombay High CourtAPPLN/84/2017

Anandrao Vitthalrao Barge v. Amol Sampat Bhosale And ORS

2019-02-27Hon'Ble Smt. Justice S.S. Jadhav2 pages

6- Appln 84 of 2017 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 84 OF 2017 Anandrao Vitthalrao Barge ...Applicant Vs.

Amol Sampat Bhosale and Ors.

...Respondents

----- Mr. Vaibhav R. Gaikwad for Applicant Mr. Ajit J. Kenjale for Respondent Nos.1,2 and 4 Mr. Y.M. Nakhwa-APP for the State ----- CORAM :

SMT.SADHANA S. JADHAV, J.

DATE : FEBRUARY 27, 2019 P.C.:

1.

This is an application seeking condonation of delay in filing the appeal against acquittal, wherein the Respondents have been acquitted of the offences punishable under Section 324, 325, 504, 506 r/w. 34 of the Indian Penal Code in Regular Criminal Case No. 10 of 2008 by the Judicial Magistrate, First Class, Koregaon vide judgment and order dated 1.10.2016.

2.

There is a delay of 68 days. The learned counsel for the Respondents vehemently submits that he opposes the grant of the application seeking condonation of delay as there is no plausible explanation for the delay that has occurred in filing the present appeal.

3.

In the interest of justice, for the reasons assigned in paragraphs 5 and 6, the application deserves to be allowed.

6- Appln 84 of 2017 4.

Application is allowed in terms of prayer clause (b). Application stands disposed of.

[SMT.SADHANA S. JADHAV, J.] V.A. Tikam