Banda @ Navnath Bhanudas Chavan v. The State Of Maharashtra

13-IA-3031-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3031 OF 2021 IN CRIMINAL APPEAL (ST) NO. 18542 OF 2021 Banda @ Navnath Bhanudas Chavan : Applicant

Versus

The State of Maharashtra : Respondent Mr. Sachin Chadan, appointed for Applicant.

Ms. G. P. Mulekar, APP for Respondent/State.

by DNYANESHWAR ASHOK ETHAPE Date: 2022.04.18 19:06:02 +0530 DNYANESHWAR ASHOK ETHAPE CORAM : S. S. SHINDE, SARANG V. KOTWAL, JJ DATE : 18th APRIL, 2022 P.C.

1.

Heard the learned counsel appearing for the applicant/appellant. He invites our attention to the averments in the interim application and in particular paragraph No. 4 and submits that sufficient cause has been disclosed for condonation of the delay in filing the appeal. 2.

The learned APP submits that this Court may pass appropriate orders.

3.

Heard learned counsel appearing for the applicant/appellant and learned APP for respondent-State. Upon perusal of the averments in the application, sufficient cause has been disclosed, since the appellant is in jail. He Ethape

13-IA-3031-2021.odt has not received any undue advantage by making the delay in filing the appeal. In that view of the matter delay in filing the appeal deserves to be condoned. 4.

The application is allowed.

5.

The delay of 265 days in filing the appeal is condoned. 6.

Application stands disposed of accordingly.

[SARANG V. KOTWAL, J] [S. S. SHINDE , J] Ethape