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Bombay High CourtAPPP/692/2019others disposed off

The State Of Maharashtra v. Sanaul Ansar Shaikh

2019-05-02Hon'Ble Smt. Justice S.S. Jadhav2 pages

16.appp692.19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 692 OF 2019 IN CRIMINAL APPLICATION ST. NO. 133 OF 2019 The State of Maharashtra.

..Applicant.

V/s.

Sanaul Ansar Shaikh.

..Respondent.

Mr. Y.M. Nakhwa, APP for State.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : MAY 2, 2019.

P. C. :

This is an application for condonation of delay in filing an appeal challenging Judgment and Order dated 13/12/2018 passed by the Addl. Sessions Judge, Gr. Mumbai in Sessions Case No. 299 of 2010. The delay is of 40 days. For the reasons assigned in paragraphs-2, 3 and 4, the delay of 40 days in filing an appeal deserves to be condoned in the interest of justice. Hence, the application is allowed in terms of prayer clause (a) and stands disposed of accordingly. Appeal admitted.

It is submitted that the respondent herein has filed Criminal Talwalkar

16.appp692.19.doc Appeal No. 59 of 2019. This Court had observed that the accused had in fact, disclosed to the police that they were in knowledge that the said currency was counterfeit notes and the Sessions Court was of the opinion that except the payment, there is no material to show that they had knowledge that currency in their possession is counterfeit currency notes. The State has challenged the acquittal of the accused for offence punishable under section 489 B of the Indian Penal Code. The present appeal be heard alongwith Criminal Appeal No. 59 of 2019.

[SMT. SADHANA S. JADHAV, J.] Talwalkar