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Bombay High CourtAPPA/385/2019others disposed off

Abdul Shakur Walesab Nadaf v. The State Of Maharashtra

2019-03-19Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

11.APPA.385.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.385 OF 2019 IN CRIMINAL APPEAL (STAMP) NO.369 OF 2019 Abdul Shakur Walesab Nadaf Applicant versus The State of Maharashtra Respondent Mr.Aaditya Gore for applicant (Legal Aid Advocate) Mrs.M.H.Mhatre, APP, for State.

CORAM :

B.P.DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATE : 19th March 2019 PC :

1.

The convict in jail has approached this Court u/s 374(2) of Code of Criminal Procedure, 1973 and by Criminal Application No.385 of 2019 seeks condonation of delay of 215 days in filing the appeal.

2.

Learned advocate for applicant submits that because petitioner is in jail and financial condition did not permit, there is some delay. Learned APP seeks time to verify.

3.

As we do not see any laches or negligence, we are inclined to condone delay. Accordingly, Criminal Application No.385 of 2019 is allowed and disposed off. Office to register the appeal. (PRAKASH D. NAIK, J.) (B.P.DHARMADHIKARI, J.) MST

11.APPA.385.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL (STAMP) NO.369 OF 2019 Abdul Shakur Walesab Nadaf Appellant versus The State of Maharashtra Respondent Mr.Aaditya Gore for appellant (Legal Aid Advocate) Mrs.M.H.Mhatre, APP, for State.

CORAM :

B.P.DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATE : 19th March 2019 PC :

1.

This Court has directed today to register this appeal after condoning delay in Criminal Application No.385 of 2019. 2.

After appeal is registered, admit. Learned APP waives service for State.

(PRAKASH D. NAIK, J.) (B.P.DHARMADHIKARI, J.) MST