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Bombay High CourtIA/1366/2022allowed

Nilesh Gautam Kamble v. State Of Maharashtra

2022-04-29Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice Milind N. Jadhav2 pages

11. cri ia 1366-22.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 1366 OF 2022 IN CRIMINAL APPEAL (ST) NO. 6949 OF 2022 Nilesh Gautam Kamble Applicant / Appellant

Versus

State of Maharashtra .. Respondent ..

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 Mr. Bhavik P. Manek, Appointed Advocate for the Applicant / Appellant  Ms. P.P. Shinde, APP for the State ...................

CORAM

: SMT SADHANA S. JADHAV & MILIND N. JADHAV, JJ.

DATE : APRIL 29, 2022 P.C.

:

1.

This is an application seeking condonation of delay in filing the appeal challenging the judgment and order dated 08.05.2019 passed by the learned Sessions Judge, Greater Mumbai in Sessions Case No. 156 of 2014 wherein the Applicant / Appellant herein was convicted for the offence punishable under Sections 302 and 304 Part II of IPC. As there is delay of 2 years and 221 days in filing the Appeal, learned Advocate appointed through legal aid has preferred this Application for condonation of delay in filing the present Appeal. 2.

For the reasons assigned in paragraph Nos. 3 to 5 of the Interim Application, the delay deserves to be condoned in the interest of

11. cri ia 1366-22.doc justice. Hence, we pass the following order:- (i) The Application is allowed;

(ii) The delay of 2 years and 221 days in filing Criminal Appeal (st) No. 6949 of 2022 is condoned in the interest of justice; (iii) The Application stands disposed of accordingly. [ MILIND N. JADHAV, J. ] [SMT. SADHANA S. JADHAV, J.] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2022.04.29 15:42:07 +0530 RAVINDRA MOHAN AMBERKAR