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Bombay High CourtIA/3865/2023disposed off

Kirtikumar Sankleshwar Trivedi v. State Of Maharashtra

2023-10-27Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

13-IA-3865-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3865 OF 2023 IN CRIMINAL REVISION APPLICATION (ST) NO.19145 OF 2023 Kirtikumar Sankleshwar Trivedi ...Applicant

Versus

The State of Maharashtra

...Respondent

------------ Mr. Rajendra Shirodkar (Senior Advocate), i/b Nihar Ghag, Advocate for Applicant.

Mr. Ajay Patil, APP for State/Respondent.

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

DATE : 27th OCTOBER 2023 PC :

1.

The Applicant has filed this Application for condonation of delay of thirty five days in filing the Criminal Revision Application, challenging the order dated 25th May 2023, passed by the learned Sessions Judge, Greater Bombay in Sessions Case No.579/2011. The Applicant is the original Accused No.5 in the said case. He had preferred an application for discharge. That Application was rejected by the impugned order. Learned Counsel for the Applicant submitted and it is also mentioned in the Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.10.30 15:54:39 +0530 ASHWINI JANARDAN VALLAKATI Application that, after this impugned order was passed, the Ashwini V

13-IA-3865-2023 Applicant sought legal advise. In the meantime, he suffered "Heart Attack" on 24th June 2023 and had to undergo the procedure of Angioplasty. Therefore, he was not keeping in a good health. This has caused delay in filing the Revision Application. 2.

Learned A.P.P. fairly did not oppose this Application for condonation of delay.

3.

I have considered these submissions. Learned Counsel for the Applicant has made out a case for condoning the delay in filing the Revision Application.

4.

Hence, the following order:

O R D E R

i) The delay of thirty five days in preferring the Revision Application is condoned.

ii) The office shall process the Criminal Revision Application further.

iii) The Interim Application is disposed of.

(SARANG V. KOTWAL, J.)