Upendra Mukhlal Sharma v. The State Of Maharashtra And ANR.

(3)IA-49- 21.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by Rajshree More Date:

2021.01.18 16:22:45 +0530 Rajshree More CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.49 OF 2021 IN CRIMINAL APPEAL (S) NO.7752 OF 2020 Upendra Mukhlal Sharma ] ...

Applicant/Appellant vs.

The State of Maharashtra & Anr.

] ...

Respondents Mr.Vikas B. Shivarkar, for Applicant.

Ms.M.H. Mhatre, APP for State.

CORAM : SMT.SADHANA S. JADHAV & N.R.BORKAR, JJ.

DATE :

18th JANUARY, 2021.

P.C.

1.

This is application seeking condonation of delay in filing the Appeal.

2.

The appellant herein is convicted for the offences punishable under Sections 376(2)(f)(i)(n) of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, 1/2

(3)IA-49- 21.doc by the learned Special Judge, Greater Bombay vide Judgment and order dated 27th September, 2018 in Special Case No.338 of 2017. 3.

There is delay of 1 year and 275 days in filing the Appeal. For the reasons assigned in Paragraph No.5 of the application, the delay deserves to be condoned in the interest of justice. Hence, the order :

ORDER

i.

Application is allowed.

ii.

The delay of 1 year and 275 days in filing the Appeal is condoned.

iii.

Application stands disposed of accordingly.

[N.R.BORKAR, J] [SMT.SADHANA S. JADHAV, J] 2/2