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Bombay High CourtAPPLN/603/2020application allowed

Dhundrya @ Dhansing Deda Bhilal (Pavara) v. The State Of Maharashtra

2023-09-14Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

912-CriAppln-603-2020 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 912 CRIMINAL APPLICATION NO. 603 OF 2020 IN CRIMINAL APPEAL ST. NO. 159 OF 2020 WITH CRIMINAL APPLICATION NO. 604 OF 2020 IN CRIMINAL APPEAL ST. NO. 159 OF 2020 WITH CRIMINAL APPEAL ST. NO. 159 OF 2020 DHUNDRYA @ DHANSING DEDA BHILALA (PAVARA)

VERSUS

THE STATE OF MAHARASHTRA .....

Advocate for Applicant : Mr. Vivek M. Lomte APP for Respondent-State : Mr. S. D. Ghayal .....

CORAM :SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATED : 14 SEPTEMBER 2023 PER COURT :- 1.

Issue notice to the respondent-State. Learned APP waives notice.

2.

The appellant challenges his conviction in Sessions Case No. 1 of 2015 by learned Additional Sessions Judge, Jalgaon on 14.12.2017 after holding him guilty of committing offence punishable under Section 302 of the Indian Penal Code. The accused-appellant came to be arrested on 06.10.2014 and was never released on bail. Under said circumstance, legal aid is required to be given to him to challenge his

912-CriAppln-603-2020 -2conviction and therefore, as good grounds have been shown, delay of 731 days in filing criminal appeal stands condoned. Criminal Application No. 603 of 2020 stands allowed and disposed of. 3.

Registry to verify and register the appeal.

4.

Since arguable points are made, the appeal is admitted. 5.

Issue notice of the appeal to the respondent-State. Learned APP waives notice.

6.

Call record and proceedings with paper-book.

7.

Notice in respect of Criminal Application No. 604 of 2020 be issued. Learned APP waives notice.

8.

The appeal along with the application for suspension of sentence and for bail be placed after the paper-book is received along with the record and proceedings.

[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.] vre