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Bombay High CourtAPPLN/1034/2021application allowed

Dattu Santaram Bhople v. Amit Dilip Bodale

2023-02-28Hon'Ble Shri Justice Kishore C. Sant2 pages

(1) criapln1034..21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CRIMINAL APPLICATION NO.1034 OF 2021 IN ALPST/2927/2021 DATTU SANTARAM BHOPLE

VERSUS

AMIT DILIP BODALE Mr. K. B. Jadhav, Advocate for the applicant M. R. Sonwane, Advocate for the respondent CORAM : KISHORE C. SANT, J.

DATE: 28th FEBRUARY, 2023 P. C.

1.

Heard the learned advocates for the parties.

2.

This is an application seeking condonation of delay of 60 days that is caused in filing the criminal application seeking leave to file an appeal against the acquittal. 3.

The impugned judgment is dated 23-10-2019. The certified copy was applied on the same date. This applicant received certified copy on 15-11-2019. It is submitted that limitation was till 15-01-2020. However, same could not be filed and then after in view of the covid pendamic the applicant could file an application. It is submitted that thereafter limitation was extended till 28-02-2022. However, this application was filed

(2) criapln1034..21 even prior to that period i.e. on 19-04-2021. Thus, it is submitted that the delay is only about 60 days. 4.

Considering this aspect this court finds that a case is made out to condone the delay. Thus, the delay stands condoned. The application stands allowed.

5.

Office to register the application seeking leave to file an appeal against acquittal.

[KISHORE C. SANT, J.] VishalK/criapln1034..21