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Bombay High CourtAPPLN/135/2018

The State Of Maharashtra v. Ashok Bhagwan Ravandal And ANR

2018-06-21Hon'Ble Shri Justice A.M. Badar2 pages

(31)APPLNo.1352018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.135 OF 2018 The State of Maharashtra ...

Applicant V/s.

Ashok Bhagwan Ravandal & Anr. ...

Respondents .....

Ms.V.S.Mhaispurkar, APP for the Applicant/State. Mr.Omkar G. Nagwekar, Advocate for the Respondent No.2. ....

CORAM : A.M.BADAR J.

DATED : 21st JUNE 2018.

P.C. :

This is an application for condonation of delay in filing an appeal challenging acquittal of the respondents of offences punishable under Prevention of Corruption Act, 1988. Heard the learned Additional Public Prosecutor appearing for the applicant/State as well as Mr.Nagwekar, the learned Advocate appearing for the respondent No.2/accused No.2.

None appeared for the respondent No.1.

Gaikwad RD 1/2

(31)APPLNo.1352018 Though the delay in lodging the appeal is of one year and two days, the same is sufficiently explained in the application, which is on affidavit. What is material is whether sufficient cause is shown. The quantum of delay is not relevant once the sufficient cause is established. As the averments in the application are demonstrating the sufficient cause, though the learned Advocate appearing for the respondent No.2 has vehemently opposed the application, I pass the following Order.

ORDER

(i) The application is allowed.

(ii) The delay in filing the appeal is condoned.

(iii) The application is accordingly disposed of.

(A.M.BADAR J.) Gaikwad RD 2/2