Sushil Janardhan Yadav v. The State Of Maharashtra

6-IA-2989-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2989 OF 2023 IN CRIMINAL REVISION APPLICATION (ST) NO. 13041 OF 2023 Sushil Janardhan Yadav & Anr ...Applicants

Versus

The State of Maharashtra

...Respondent

------------ Ms. Akshata B. Desai, i/b Sushrut Jadhwar, Advocate, for Applicants.

Ms. M.R. Tidke, APP, for State/Respondent.

------------ Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.08.25 11:07:49 +0530 ASHWINI JANARDAN VALLAKATI CORAM : SARANG V. KOTWAL, J.

DATE : 23rd AUGUST 2023 PC :

1.

This is an Application for condonation of delay in filing the Revision Application, challenging the dismissal of the Appeal by the Sessions Court, Greater Bombay. Both the Applicants were convicted by the learned Magistrate for commission of offence under Section 324 of Indian Penal Code and they were sentenced to suffer simple imprisonment for three months. Their Appeal was dismissed and, therefore, they want to prefer this Revision Application. However, there is a delay of 128 days in preferring the Revision Application. Learned Counsel for the Applicants Ashwini V

6-IA-2989-23 submitted and it is also mentioned in the Application that the Applicant No.1's mother is handicapped. He was working with State transport and was on strike and, therefore, he suffered from financial difficulties. The Applicant No.2's mother is suffering from heart problems and uncontrolled diabetes. Both these Applicants were looking after their mothers. Therefore, they could not take immediate steps in approaching this Court by filing the Revision Application within the limitation.

2.

Considering these difficulties and in the interest of justice, the delay of 128 days in filing the Revision Application is condoned. The office to process the Revision Application further. 3.

The Interim Application is disposed of accordingly. (SARANG V. KOTWAL, J.) Ashwini V