Ashok Yadavrao Kamble v. The State Of Maharashtra And Another

912 Appln-925-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 912 CRIMINAL APPLICATION NO. 925 OF 2023 IN APPLICATION FOR LEAVE TO APPEAL BY PVT PARTY (ST) NO. 2320 OF 2023 ASHOK YADAVRAO KAMBLE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. K.T. Jamdar - Advocate for Applicant Mr. R.D. Sanap - APP for Respondent No.1, State Mr. C.S. Deshmukh h/f. Mr. D.A. Palodkar - Advocate for Respondent No.2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 15th September, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant - original complainant is seeking delay of 242 days in filing this application for leave to appeal. It is contended by the learned Counsel for the applicant that, the informant got knowledge of the acquittal of respondent No.2 - accused after one month of the judgment and thereafter certain time was spent in getting the certified copies and therefore the delay has been caused.

Pooja K.

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912 Appln-925-2023 3.

On the contrary, the learned Counsel for respondent No.2, strongly opposed the application on the ground that, there is no sufficient cause mentioned in the application for condoning such delay.

4.

However, considering the right to file appeal the applicant must get a chance. The inconvenience of the respondent No.2 can be compensated by awarding suitable cost. Hence, following order is passed :

ORDER

(a) The application is hereby allowed and the delay of 242 days caused in filing application for leave to appeal is hereby condoned subject to cost of Rs.2,000/- (rupees two thousands only) to be paid to respondent No.2 - accused by the applicant within a period of one week. (b) Application for leave to appeal be registered after deposit of cost.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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