Manpritsingh Kashmirsing Gill v. The State Of Maharashtra

(7)APPANo.9722018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.972 OF 2018 IN CRIMINAL APPEAL (ST) NO.763 OF 2018 Manpritsingh Kashmirsing Gill ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Ms.Pracheta Rathod, Advocate for the Applicant. Mrs.M.R.Tidke , APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 25th SEPTEMBER 2018.

P.C. :

This is an application for condonation of delay in preferring an appeal challenging conviction for offences punishable under Sections 341, 342 read with Section 120-B, 323 read with Section 120-B, 506(II) read with Section 120-B and under Section 120-B of the Indian Penal Code recorded against the applicant/accused.

Perused the application. Heard the learned Counsel appearing for the applicant as well as the learned Additional Public Prosecutor appearing for the respondent/State. Gaikwad RD 1/2

(7)APPANo.9722018 The applicant is undergoing jail sentence and as such, he could not challenge the impugned Judgment and Order of conviction and resultant sentence imposed on him within the period of limitation.

In this view of the matter, I hold that the applicant was prevented by sufficient cause in not preferring the appeal within prescribed period. Hence, the Order :

ORDER

(i) The delay in filing the appeal is condoned.

(ii) The application is disposed of accordingly.

(A.M.BADAR J.) Raju Dattatraya Gaikwad Raju Dattatraya Gaikwad Date: 2018.09.26 15:34:44 +0530 Gaikwad RD 2/2