Bashir Pachulal Shaikh v. The State Of Maharashtra And ANR

C.A. No.3445/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.3445 OF 2017 IN FIRST APPEAL ST. NO.4920 OF 2017 Bahsir s/o Pachulal Shaikh ...

APPLICANT

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri S.S. Manale, Advocate for applicant Shri S.N. Morampalle, A.G.P. for State .....

CORAM:

R.D. DHANUKA AND SUNIL K. KOTWAL, JJ.

DATED:

22nd September, 2017.

ORAL ORDER:

1.

By this Civil Application, the applicant seeks condonation of delay of 38 days caused in filing the First Appeal. We have heard the learned counsel for the parties. No affidavitin-reply is filed by the respondents. Learned A.G.P. states that, delay is not satisfactorily explained.

2.

After hearing the learned counsel for the parties and after perusing the averments made in the Civil Application, we

C.A. No.3445/2017 are of the view that, case is made out for condonation of delay of 38 days in filing the First Appeal. Civil Application is made absolute in terms of prayer clause (B). No order as to costs. (SUNIL K. KOTWAL) (R.D. DHANUKA) JUDGE JUDGE fmp/