Balaji Shivaji Devkar And ANR v. The State Of Maharashtra

904.appa1516.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1516 OF 2017 IN CRIMINAL APPEAL ST. NO. 924 OF 2017 Balaji Shivaji Devkar & anr.

..Applicants.

Vs.

The State of Maharashtra.

..Respondent.

Mr. Gaurav Parkar, advocate for applicants.

Mr. S.S. Pednekar, APP for State.

CORAM :

RANJIT MORE, J & SMT.SADHANA S. JADHAV,J DATE :

NOVEMBER 10, 2017 P.C.

This is an application for condonation of delay in filing appeal. The applicants were charged under Atrocities Act. By the impugned order dated 16/1/2016, they were granted bail by the Special Judge subject to deposit of Rs. 22,95,415/- and Rs. 25,13,922/- respectively. But since the applicants could not deposit these amounts, they could not avail the bail granted by the court. Consequently, they are in custody. By the above appeal, the applicants are challenging the order of condition to deposit the above amounts. Since the applicants are in custody, it appears that they could not make arrangements. In the circumstances, delay of one year and 200 days deserves to be condondoned. Accordingly, we allow this application in terms Talwalkar

904.appa1516.17 of prayer clause (a). The registry is directed to number the criminal appeal and place it for admission on 20/11/2017.

The application is disposed of a accordingly. [SMT.SADHANA S. JADHAV,J] [RANJIT MORE, J] Talwalkar