Golu @ Gholu Ramkishan Rathod v. The State Of Maharashtra

942appln1107.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 942 CRIMINAL APPLICATION NO.1107 OF 2023 IN APEALST/2809/2023 GOLU @ GHOLU RAMKISHAN RATHOD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rohit Patwardhan h/f Mr.Jadhav Satej S.

APP for Respondent-State : Mr.A.S.Shinde ...

CORAM : R. G. AVACHAT, J.

DATE : 23.03.2023.

PER COURT :

1.

This is an application moved for condonation of delay of 94 days in preferring the appeal against the conviction. 2.

The learned APP is before the Court. He submits that the victim needs to be served with a copy of application and then only the orders can be passed.

3.

In Dilip S. Dahanukar vs Kotak Mahindra Co. Ltd., and Another (2007) 6 SCC 528 the Hon'ble Apex Court has observed that :

"E. Criminal Procedure Code 1973 - S. 374 - Right of appeal of convict under, affecting his liberty - Nature

942appln1107.23 and Scope - Held, the same is a fundamental right keeping in view the expansive definition of Art. 21 and the international covenants operating in the field - Constitution of India - Art. 21."

4.

In view of the same the application is allowed. The delay of 259 days stand condoned.

( R. G. AVACHAT ) JUDGE mahajansb/