Ajit Raghunath Chavan v. The State Of Maharashtra And ANR.

P.H. Jayani 10 APL976.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 976 OF 2021 Ajit Raghunath Chavan ... Applicant v/s.

The State of Maharashtra and anr.

.... Respondents Mr. Jignesh Chauhan a/w. Ms. Supriya Gurav i/b. Mr. Sachin M. Bandkar for the Applicant.

Mr. A.R. Patil, APP for the State.

Ms. Prajakta Khedekar i/b. Rahul A. Hande for R.No.2. CORAM: R.G. AVACHAT, J.

DATED : 20th JANUARY, 2023.

P. C. :- .

The challenge in this Application is to the order dated 10/05/2021 preferred by the Applicant for condonation of delay occurred in preferring the Appeal under section 29 of The Protection of Women from Domestic Violence Act, 2005.

2.

The delay is stated to be more than 800 days. Learned counsel for the Applicant has invited my attention to the order dated 12/03/2021. Both these orders are said to have been taken exception to in the Appeal. About 02 years have passed during Covid-19 pandemic. The orders are appealable one. It is the statutory right of the Applicant to challenge the orders in Appeal. 1/2

P.H. Jayani 10 APL976.2021.doc 3.

In the interest of justice, the Application is allowed subject to payment of costs of Rs.5,000/- (Rupees Five Thousand). Costs to be paid to the Respondent-wife within a period of four weeks. 4.

The learned Sessions Judge shall register the Appeal and decide the same on its own merits within the time frame of 10 months from the date of receipt of copy of this order.

5.

Application stands disposed of.

PREETI H JAYANI (R.G. AVACHAT, J.) by PREETI H JAYANI Date: 2023.01.23 15:58:12 +0530 2/2