Santosh Uttam Sable v. The State Of Maharashtra And ORS

{1} ca6040.20.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6040 OF 2020 IN FIRST APPEAL ST. NO. 12678 OF 2019 Santosh Uttam Sable Applicant

Versus

The State of Maharashtra & others Respondents Mr. M. K. Jadhav, advocate holding for Mr. A. S. More, advocate for the Applicant Mr. A. A. Jagatkar, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE J.

DATE : 15th September, 2022.

PC :

Heard rival submissions.

The applicant is seeking condonation of delay of 825 days which appears to be caused due to his poor fnancial condition.

The learned AGP strongly opposed the application on the ground that the delay is not explained properly. Respondent No.3 - acquiring body, though served, but failed to appear. However, considering the statutory right of the applicant to defend and for the reasons stated in the application, delay of 825 days stands condoned subject to the condition that

{2} ca6040.20.odt the applicant shall not claim any interest for the aforesaid period of delay.

The appeal be placed for admission after removal of offce objections, if any.

Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb