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Bombay High CourtIA/651/2020delay condonatedrejected

Ashok Krushna Mukne v. The State Of Maharashtra

2020-12-07Hon'Ble Shri Justice A.S. Gadkari1 pages

osk 4-IA-651-2020 in Appeal-St-223-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 651 OF 2020 IN CRIMINAL APPEAL (ST.) NO. 223 OF 2020 Ashok Krushna Mukne ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent Ms.Pratibha Gavhane for Applicant/Appellant.

Mr.Amit Palkar, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 7th December 2020.

P.C. :

This is an application for condonation of delay of 1 year and 312 days in preferring the present Appeal against conviction. 2.

Heard Ms.Gavhane, learned counsel for the applicant and Mr.Palkar, learned A.P.P. for the respondent-State. 3.

Learned counsel for the applicant submitted that, on the date of pronouncement of impugned Judgment and Order, i.e. on 10th January 2018, the applicant has been taken into custody for undergoing sentence and therefore, he immediately could not appoint an Advocate to file an appeal against the impugned Judgment and Order. She further submitted that, the present appeal also could not be filed in time due to the situation arising out of Covid-19 pandemic.

4.

In view thereof and for the reasons stated in the Application, delay is condoned and Application is allowed in terms of prayer Clause (b). by Omkar S.

Kumbhakarn Date:

2020.12.08 11:50:20 +0530 [A.S. GADKARI, J.] Omkar S.

Kumbhakarn 1/1