Taha Hafiz Kazi v. The State Of Maharashtra

28-a-IA-2356-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2356 OF 2021 IN CRIMINAL APPEAL NO. 794 OF 2021 Taha Hafiz Kazi ... Applicant

Versus

State of Maharashtra ... Respondent Mr. Mangesh B. Shirsat, for the Applicant.

Mrs. Veera Shinde, APP for the Respondent - State. CORAM : REVATI MOHITE DERE & V. G. BISHT, JJ.

DATE : 15th JUNE 2022.

P. C. :

Heard learned Counsel for the parties.

By this interim application, the applicant seeks condonation of delay of about 134 days caused in filing the aforesaid Appeal. Learned Counsel for the applicant submits that, initially the applicant had filed a Revision Application, being Revision Application No. 168 of 2021 in this Court. He further submits that since an Appeal ought to have been filed against the Order dated Rekha Patil 1/2

28-a-IA-2356-2021.odt 18/03/2021, this Court vide Order dated 15/09/2021 granted leave to convert the Revision Application into an Appeal and accordingly, amendment was permitted to be carried out within two weeks. He further submits that pursuant to the order dated 15/09/2021, the applicant has carried out the necessary amendments and has converted the said Revision Application into a criminal Appeal. For the reasons set out in the application and since the applicant was pursuing the Revision Application earlier, which was permitted to be converted into Criminal Appeal, the application is allowed and the delay caused in filing the aforesaid appeal is condoned.

The application is accordingly disposed of.

V. G. BISHT, J.

REVATI MOHITE DERE, J.

Rekha Patil 2/2 REKHA PRAKASH PATIL by REKHA PRAKASH PATIL Date: 2022.06.22 18:14:42 +0530