Ashok Bajirao Ghadge v. The State Of Maharashtra And Another

2024:BHC-AUG:379-DB 7-cappln1424.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1424 OF 2023 IN CRIMINAL APPEAL [STAMP] NO.3656 OF 2023 Ashok s/o. Bajirao Ghadge vs.

State of Maharashtra and anr.

---- Mr.Suhail Subhedar, Advocate h/f. Mr.N.S.Ghanekar, Advocate for applicant Mr.S.D.Ghayal, APP for respondent no.1 Ms.S.T.Kazi, Advocate for respondent no.2 ---- CORAM : R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : JANUARY 10, 2024 ORDER :- This is an application for condonation of delay of 127 days in preferring the appeal against conviction and sentence recorded by learned Addl. Sessions Judge (Fast-Track Court), Beed, on 30.09.2022, in Special Case (Child Protection) No.5 of 2016. 2.

Heard learned counsel for applicant, learned APP for respondent no.1 and learned counsel for respondent no.2. 3.

Needless to state that appeal against conviction is a right of the accused. For the reasons stated in the application, we are inclined to condone the delay.

7-cappln1424.2023 4.

Hence, the following order:- (i) The application is allowed.

(ii) Delay of 127 days in filing the appeal is condoned. (iii) The appeal is admitted. Upon admission of the appeal, learned APP for respondent no.1 and Ms.S.T.Kazi, learned counsel for respondent no.2, waive notice.

(iv) Call Record and Proceedings with paper book.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP