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Bombay High CourtAPPA/359/2016delay condonatedrejected

Mohammad Nurul Islam Mohammad Roshan And ORS v. The State Of Maharashtra

2016-03-22Hon'Ble Smt. Justice S.S. Jadhav2 pages

Mhi 1 APPA-359-16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 359 OF 2016 IN CRIMINAL APPEAL NO. 213 OF 2016 with CRIMINAL APPLICATION NO. 360 OF 2016 Mohammad Nurul Islam Mohammad Roshan & Ors.

...

Applicants vs.

The State of Maharashtra ...

Respondent Ms.Poonam Tiwari a/w Mr. Chirag Shah h/f Mr.Mateen Abdul Rahim Shaikh for the applicants.

Ms. A.A.Mane, APP, for the State.

CORAM:

SMT. SADHANA S.JADHAV, J.

DATE : 22nd March, 2016.

P.C.

This is an application seeking condonation of delay in filing an appeal challenging the judgment and order dated 5.4.2014 passed by the Sessions Court, thereby convicting the applicants for the offence punishable under Section 380 read with Section 34 of IPC in Sessions Case No.41 of 2013. The delay is of one year and 277 days. 2.

For the reasons assigned in paragraphs Nos. 9 to 12, the application seeking condonation of delay deserves to be allowed in the

Mhi 2 APPA-359-16.sxw interest of justice. Hence, the application is allowed in terms of prayer clause (i). Application stands disposed of.

3.

The matter be listed for admission on 11.4.2016. (SMT.SADHANA S.JADHAV, J.)