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Bombay High CourtAPPA/510/2016delay condonatedrejected

Shahajahan Dawood Shaikh Since Deceased Through Lrs. Yasmin Shahajahan Shaikh And ANR v. The State Of Maharashtra

2016-06-17Hon'Ble Shri Justice A.S. Gadkari1 pages

Nalawade A.S.

1 /1 APPA-510-16-104 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 510 OF 2016 IN CRIMINAL APPEAL NO.1283 OF 2002 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. A. Pawar i/by Suman Lengare for the Applicant. Mr. A.S.Patil, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

17th June, 2016 P.C.

This is an application for condonation of 1044 days delay in bringing the legal heirs of the deceased appellant on record. The leaned APP. opposed the application on the ground that the delay is substantial in nature and no cogent reasons are given for its condonation. However, in view of the facts mentioned in the application and in the interest of justice, I am inclined to allow the application subject to condition that the applicant shall pay costs of Rs.2000/- to the High Court Legal Services Committee. Payment of costs shall be condition precedent for condonation of delay. In view of the above, the application is allowed in terms of prayer clause (a).

(A.S. GADKARI, J.)