Champatrao S/O. Manikarao Jadhav v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1342 OF 2017 Champatrao s/o.Manikrao Jadhav Age 65 Years, Occupation Agriculture R/o. CIDCO New Nanded Taluka & District Nanded.
APPLICANT
VERSUS
1.
The State of Maharashtra 2.
Bhujang s/o.Kishan More. RESPONDENTS ...
Mr.Y.M.Khan, Advocate for the applicant.
Mr.S.D.Ghayal, APP for Respondent - State ...
CORAM: S.S.SHINDE & A.M.DHAVALE,JJ.
Date: 16.08.2017 ORDER:
1] This Application is filed for condonation of delay caused in filing the application seeking leave to appeal, against the judgment and order of acquittal, dated 9th April, 2015, passed by Sessions Judge, Nanded in Sessions Case No.06/2014.
2] There is inordinate delay of 640 days in filing the application seeking leave
to appeal. No sufficient cause is disclosed in the application explaining the delay in filing the application.
3] The Supreme Court in the case of Basawaraj & another Vs. Special Land Acquisition Officer1 held that the delay cannot be condoned unless the sufficient cause is disclosed. The Supreme Court in the case of Kumar & others Vs. Karnataka Industrial Cooperative Bank Ltd. and another2 while considering the delay in filing the Revision Application has taken a view that in absence of showing sufficient cause for condonation of delay, the delay cannot be condoned.
4] In that view of the matter, we are not inclined to entertain this application for condonation of delay. Hence the application stands rejected.
[2013] 14 SCC 81 [2013] 11 SCC 668
5] However, we make it clear that rejection of this application has no effect on pending Criminal Appeal i.e. Criminal Appeal No.685/2016 [The State of Maharashtra Vs. Bhujang Kisan More], which is already admitted and arising out the judgment and order of acquittal dated 9th April, 2015, passed by Sessions Judge, Nanded in Sessions Case No.06/2014.
6] Needless to observe that with leave of the Court the learned counsel appearing for the applicant can assist learned APP during the course of hearing of the Criminal Appeal No.685/2016.
[A.M.DHAVALE] [S.S.SHINDE] JUDGE JUDGE DDC