Bharat Ganpat Kadam v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3576 OF 2023 IN CRIMINAL REVISION APPLICATION NO.304 OF 2023 Bharat Ganpat Kadam ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL REVISION APPLICATION NO.304 OF 2023 WITH INTERIM APPLICATION NO.3575 OF 2023 IN CRIMINAL REVISION APPLICATION NO.304 OF 2023 ------------ Mr. Sanchit Chavan, i/b Vikas Kolekar, Advocate for Applicant. Mr. A.R. Patil, APP for State/Respondent.

------------ CORAM : SARANG V. KOTWAL, J.

DATE : 16th OCTOBER 2023 PC :

1.

This is an Application for condonation of delay of 73 days in filing the Revision Application. The Applicant was convicted by the Judicial Magistrate First Class, Gadhinglaj, in S.C.C. No.279/2011 under Section 304-A of I.P.C. and under Section 184 of the Motor Vehicle Act, 1988. The major sentence Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.10.17 11:49:09 +0530 ASHWINI JANARDAN VALLAKATI imposed on him was of two years. His Regular Criminal Appeal Ashwini V

No.06/2018 before the Additional Sessions Judge, Gadhinglaj, was dismissed by the Additional Sessions Judge vide his order dated 1st April 2023.

2.

Learned Counsel for the Applicant submitted that the Applicant was suffering from "soft tissue swelling". He was advised MRI of brain. Because of his health condition, he could not instruct his Advocate and could not prefer Revision Application within time.

3.

I have considered these submissions. Learned APP has left the issue of condonation of delay to the discretion of the Court. The medical certificates are pertaining to the year 2022. However, there appears to be some issues with the Applicant's brain. Considering his health condition, the delay of 73 days in preferring the Revision Application is condoned.

4.

The Interim Application No.3576/2023 is disposed of accordingly.

5.

The Revision Application be processed further. The

Revision Application with Interim Application No.3575/2023 be placed for further consideration on 31st October 2023. (SARANG V. KOTWAL, J.)