The State Of Maharashtra v. Sohel Navab Shaikh @ Macchhar And ORS

1 appln-86.17.docx pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.86 OF 2017 The State of Maharashtra ... Applicant Vs.

Sohel Navab Shaikh @ Macchhar and Ors.

... Respondents Ms. P.P. Shinde, APP for the Applicant.

Mr. Rahul Arote for the Respondents.

CORAM :

A.S.OKA AND A.S. GADKARI, JJ.

DATE :

5th MARCH 2019.

P.C. :

Heard the learned APP for the applicant. The learned counsel appearing for the respondents opposes the application by pointing out that there is unexplained delay of 168 days.

The application discloses that certified copy of the impugned judgment and order was ready on 6th June 2016. On 23rd June 2016, the Public Prosecutor forwarded his opinion to the State Government. There is some delay on the part of the State Government and approval was granted to prefer appeal on 13th January 2017. Thereafter, the appeal was filed on 1st February 2017. Hence, sufficient cause is made out to condone the delay. Rule is made absolute in terms of prayer clause (a). Place the application for leave under the caption of fresh admission on 1st April 2019.

(A.S. GADKARI, J.) (A.S.OKA, J.)