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Bombay High CourtIA/3773/2022allowed

Ashvini Kisanrao Shendage v. State Of Maharashtra And ANR.

2023-01-11Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik1 pages

CAJ 3-Ia-3773-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3773 OF 2022 IN CRIMINAL APPEAL (ST) NO. 18475 OF 2022 Ashvini Kisanrao Shendage ... Applicant V/s.

The State of Maharashtra And Anr.

... Respondents Mr. Rupesh A. Zade a/w Ms. Priyanka Gupta for Applicant. Mr. Ajay Patil APP, for Respondent No.1-State. Mr. Anil Shitole for Respondent No.2.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 11th JANUARY, 2023.

P.C. :

1.

This is an Application for condonation of delay of 56 days in preferring substantive Appeal against impugned Order. 2.

Advocate Mr. Shitole waives notice for and on behalf of Respondent No.2-Informant and submitted that, no proper explanation for condonation of delay has been offered by Applicant and therefore delay may not be condoned. He submitted that, however if this Court is inclined to condone the delay, cost may be imposed on Applicant. 3.

Perusal of Application would indicate that, sufficient cause is made out for condonation of delay.

4.

In view thereof, delay is condoned and Application is allowed in terms of prayer clause "4(b)".

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 1/1