The State Of Maharashtra v. Kisan Govind Patil And ORS

by CHITRA SANJAY SONAWANE Date:

2022.02.24 16:38:50 +0530 CHITRA SANJAY SONAWANE 4-IA-1626-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1626 OF 2019 IN ALS (ST.) NO.204 OF 2019 The State of Maharashtra ] Applicant.

Vs.

Kisan Govind Patil & Ors.

] Respondents.

.....

Mr.A.A.Palkar, APP for State.

Mr.Vinay Bhanushali a/w Sunil Sherif a/w Mr.Zoheb Merchant i/b Falcon Legal for respondent nos.1 to 5.

......

CORAM : SMT. SADHANA S. JADHAV & PRITHVIRAJ K. CHAVAN, J.J.

DATE : 24th FEBRUARY, 2022.

P.C.:

1.

This is an application seeking condonation of delay in filing an appeal challenging the judgment and order passed by the Additional Sessions Judge, Vasai, Palghar, in Sessions Case No.31/2007 thereby acquitting the accused of the offences punishable under Sections 147, 148, 302, 307 r/w 149 of the Indian Penal Code and u/s 25 of the Arms Act. 2.

The delay is of 88 days. For the reasons assigned in paragraph nos. 3, 4 and 5, delay of 88 days deserves to be condoned. 3.

Learned Counsel for the respondent submits that delay has not been Chitra Sonawane

4-IA-1626-2019.doc explained and therefore, the application seeking condonation of delay be rejected, however, taking into consideration, the contentions in paragraph nos.3, 4 and 5, the application deserves to be allowed. Hence, following order is passed.

ORDER

1.

Application is allowed.

2.

Delay of 88 days stands condoned.

3.

Application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.] [SMT. SADHANA S. JADHAV, J.] Chitra Sonawane