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Bombay High CourtAPPLN/1992/2024disposed off

Roopsingh Chatursingh Tak v. The State Of Maharashtra

2024-08-01Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2024:BHC-AUG:12086 -1- 932-APPLN.1991.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CRIMINAL APPLICATION NO. 1991 OF 2024 IN APEALST/5305/2024 WITH CRIMINAL APPLICATION NO. 1992 OF 2024 IN APEALST/5305/2024 ROOPSINGH S/O. CHATURSINGH TAK

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhaykumar D. Ostwal APP for Respondent - State : Mrs. Chaitali Chaudhari - Kutti ...

CORAM : ABHAY S. WAGHWASE, J.

DATED : 27th JUNE, 2024 PER COURT :

1.

This is an application for condonation of delay of 110 days caused in filing the criminal appeal against the judgment and order dated 18.12.2023 passed by Special/Additional Sessions Judge, Parbhani in Sessions Case No.87 of 2020. 2.

Learned Advocate for applicant pointed out that, reasons for delay are mentioned in paragraph No.12 of the application and the said delay is unintentional. There is a good case in appeal and therefore, in the interest of fair opportunity, delay so caused is sought to be condoned.

3.

Learned APP strongly objected on the ground that delay

-2- 932-APPLN.1991.2024 has not been properly explained and therefore delay cannot be condoned.

4.

After going through the application and for the reasons mentioned in paragraph No. 12 of the application, the application stands allowed and disposed of. Delay stands condoned. 5.

Registry to verify and to take further steps. 6.

Issue notice to the respondent in criminal appeal as well as in application for suspension of sentence. 7.

Learned APP waives notice on behalf of respondent - State.

8.

Stand over to 25.07.2024.

(ABHAY S. WAGHWASE, J.) Tandale