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Bombay High CourtAPPA/316/2018

Bony Kapoor v. The State Of Maharashtra And ANR

2018-11-28Hon'Ble Shri Justice N. J. Jamadar,Hon'Ble Shri Justice R.M. Savant.2 pages

1 9) appa316-18.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.316 OF 2018 IN CRIMINAL APPEAL NO.196 OF 2018 Boney Kapoor ..Applicant.

V/s.

State of Maharashtra & Anr.

..Respondents.

Ms.Dipti Kuber I/b. Devmani J.Shukla for the Applicant. Mrs.M.H.Mhatre, APP for the Respondent-State. CORAM: R.M.SAVANT AND N.J. JAMADAR, JJ.

DATE : NOVEMBER 28, 2018 P.C.:- The above Criminal Application has been filed seeking condonation of 267 of days in filing the above appeal. The reasons therefor are mentioned in the above Criminal Application. Though the notice was issued to the Respondent No.2, in view of the fact that the learned APP can appear for the Respondent No.2, the need to wait for the service to be effected on Respondent No.2

2 9) appa316-18.doc is obviated. The Criminal Application is, therefore, taken up for hearing.

2.

The learned APP opposes the application, however, leaves it to the Court as the above Appeal is a statutory remedy. Hence, for the reasons mentioned in the Criminal Application, the same is allowed. Resultantly, the delay of 267 days in filing the above Appeal is condoned.

3.

List the above Criminal Appeal for admission on December 19, 2018.

(N.J. JAMADAR, J.) (R.M.SAVANT, J.)