The State Of Maharashtra v. Shankar Vitthal Naik

1 Cri.A.1962.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1962 OF 2014 IN CRIMINAL APPLICATION NO. 1961 OF 2014 The State of Maharashtra Through Dy.S.P. Anti Corruption Bureau, Nashik.

...Applicant versus Shankar Vitthal Naik, Age 37 years, Occu. The then Police Cosntable attached with Dy.S.P. Office, Shridi, R/o Police Line, Rahata, Dist. Ahmednagar.

...Respondents

.....

Mr. B.L. Dhas, A.P.P. for Applicant- State Mr. D.A. Naik, Advocate for respondent .....

CORAM : A.I.S. CHEEMA, J.

DATED : 12th MARCH, 2015 Order :- 1.

Heard learned Additional Public Prosecutor for applicant - original complainant and learned counsel for respondent - original accused. Perused the order dated 2302-2015 of this Court.

2 Cri.A.1962.14 2.

Learned Additional Public Prosecutor has filed additional affidavit explaining the delay for the period 11-07-2013 till 11-03-2014. Learned Additional Public Prosecutor submits that proposal was sent to the Law and Judiciary Department. However, the same was sent back for compliance of the some queries. The proposal was wrongly sent to the office District Government Pleader Ahmednagar instead of Kopargaon. Because of this, there was communication gap and there is delay in preferring the criminal appeal.

3.

Learned counsel for respondent- original accused submitted that affidavit is not supported by concerned correspondence. He further submits that delay has not been properly explained.

4.

Perused the present application for condonation of delay. Perused Criminal Application No. 1961 of 2014. It relates to Prevention of Corruption Act.

5.

Considering the above and additional affidavit filed by State, in the interest of justice, delay is condoned.

3 Cri.A.1962.14 6.

Criminal Application No. 1962 of 2014 stands disposed of accordingly.

7.

Criminal Application No. 1961 of 2014 be listed for admission hearing, on 26-03-2015.

Sd/- ( A.I.S. CHEEMA, J. ) MTK