Sashidharan Divakaran Nair v. Anil Shashidharan Nair And ANR

21-APPLN-477-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.477 OF 2016 SASHIDHARAN DIVAKARAN NAIR )...APPLICANT V/s.

ANIL SHASHIDHARAN NAIR AND ANR.

)...RESPONDENTS Mr.Aashutosh Srivastava, Advocate for the Applicant. Mrs.N.S.Jain, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

31st AUGUST 2017 P.C. :

This is an application for condonation of delay in filing an application for leave to appeal for challenging acquittal of respondent no.1 herein of the offence punishable under Section 306 read with 34 of the IPC.

None appeared for respondent no.1 despite service. Heard the learned advocate for the applicant as well as the learned APP appearing for respondent no.2/State. Perused the application.

avk 1/2

21-APPLN-477-2016.doc The delay of 157 days occasioned in filing an application for leave to appeal is sufficiently explained in the application which is on affirmation. Averments made in the application are not countered. Hence, for the stated reasons, the application is allowed.

The delay in filing an application for leave to appeal is condoned.

(A. M. BADAR, J.) avk 2/2