Raosaheb Rama Nikam v. The State Of Maharashtra
-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 1187 OF 2020 IN CRIMINAL APPEAL [ST] NO. 385 OF 2020 Raosaheb Rama Nikam .... Applicant
Versus
The State of Maharashtra
...Respondent
.....
Shri. Pramod N. Nagargoje, Advocate h/f Shri. D. B. Thoke, Advocate for the applicant Shri. S. D. Ghayal, APP for respondent/State .....
WITH CRIMINAL APPLICATION NO. 1188 OF 2020 IN CRIMINAL APPEAL [ST] NO. 385 OF 2020 Raosaheb Rama Nikam .... Applicant
Versus
The State of Maharashtra
...Respondent
.....
Shri. Pramod N. Nagargoje, Advocate h/f Shri. D. B. Thoke, Advocate for the applicant Shri. S. D. Ghayal, APP for respondent/State .....
WITH CRIMINAL APPEAL [ST] NO. 385 OF 2020 Raosaheb Rama Nikam .... Appellant
Versus
The State of Maharashtra
...Respondent
-2- .....
Shri. Pramod N. Nagargoje, Advocate h/f Shri. D. B. Thoke, Advocate for the appellant Shri. S. D. Ghayal, APP for respondent/State .....
CORAM : RAVINDRA V. GHUGE AND B. U. DEBADWAR, JJ.
DATE : Friday, the 9th OCTOBER, 2020 PER COURT : - 1.
The appellant/applicant has been convicted for having committed an offence under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life and pay a fine of Rs. 50,000/-, in default of which, to suffer simple imprisonment for a term of three and half years, vide the impugned Judgment dated 07.01.2020 delivered by the learned Additional Sessions Judge, Jalgaon in Sessions Case No. 82 of 2017.
2.
Criminal Application No. 1187 of 2020 has been preferred for seeking condonation of 08 days delay caused in filing the appeal. We have heard the learned Advocate Shri. Pramod N. Nagargoje for the applicant and learned APP, who has strongly opposed the application.
-33.
We do not find that the delay of 08 days could be branded as being deliberate or inordinate. If the delay is not condoned, the applicant would lose a valuable right of questioning his conviction. As such, this application is allowed and the delay of 08 days stands condoned. Consequentially, the Criminal Appeal shall be registered.
4.
On registration of the appeal, same stands Admitted. Call for record & proceedings in Sessions Case No. 82 of 2017 decided by the learned Additional Sessions Judge, Jalgaon on 07.01.2020. 5.
Issue notice to the respondents in Criminal Application No. 1188 of 2020, vide which the applicant seeks suspension of sentence and prays for bail. The learned APP waives service of notice and submits that the record & proceedings may be called for. 6.
Stand over to 22.10.2020.
7.
The applicant is at liberty to place on record the copies of the exhibited documents and the testimony of witnesses, with proper pagination in continuation.
[ B. U. DEBADWAR ] [ RAVINDRA V. GHUGE ] JUDGE JUDGE SG Punde