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Bombay High CourtAPPLN/1427/2018application allowed

Roshan @ Roshya S/O. Narsing Pawara v. The State Of Maharashtra

2023-09-21Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

912-appln-1427-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1427 OF 2018 IN APEALST/369/2018 ROSHAN @ ROSHYA S/O. NARSING PAWARA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Tandale Manoharrao A. APP for Respondent - State : Mr. S. D. Ghayal ...

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATE : 21st September, 2023.

ORDER :- .

Present application has been filed for condoning the delay of 309 days in filing criminal appeal by the original accused. 2.

Issue notice to the respondent. Learned APP waives notice for the respondent - State.

3.

The applicant has been convicted in Sessions Case No.38 of 2016 by learned Sessions Judge, Dhule, after holding him guilty of committing offence punishable under Section 302 of Indian Penal Code. It appears that since the date of arrest i.e. 08.01.2016 the appellant is in jail and was not released at any point of time. Due to financial constraints it is said that the [1]

912-appln-1427-2018.odt accused could not prefer the appeal earlier. A good ground is made for condoning the delay. The delay stands condoned. 4.

Application stands allowed and disposed of.

5.

Registry to verify and register the appeal.

[ ABHAY S. WAGHWASE ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]