Bhivaji S/O. Changuji Sirsat v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2391 OF 2017 IN CRIMINAL APPLICATION NO.9 OF 2017 WITH CRIMINAL APPLICATION NO.9 OF 2017 (Bhivaji s/o Changuji Sirsat Vs. The State of Maharashtra) ---- Mr. P.K. Ipper, Advocate holding for Mr. S.J. Salunke, Advocate for the applicant Mr. G.O. Wattamwar, A.P.P. for the respondent/State None for respondent Nos.2 to 4 ---- CORAM :

SANGITRAO S. PATIL, J.

DATE : 23rd AUGUST, 2017 PER COURT :

Respondent Nos.2 to 4 are reported to have been served with the notices. None appears for respondent Nos.2 to 4.

2.

Heard the learned counsel for the applicant and the learned A.P.P.

3.

The applicant has prayed for condonation of delay of 17 days in filing an application seeking leave to file appeal against the judgment of acquittal. 4.

The learned counsel for the applicant submits that the applicant was under an impression that the

criapln2391-2017 State/prosecution would file an appeal against the judgment of acquittal. He approached the office of D.G.P., Beed many times, but could not get any information about the steps taken by the prosecution for filing an appeal. In this process, he could not file an application seeking leave to file appeal within time. The delay is not deliberate or intentional.

5.

The reason given by the applicant for the delay is sufficient and satisfactory. The delay caused in filing an application seeking leave to file appeal is accordingly condoned. The Criminal Application is disposed of.

6.

As regards Criminal Application No.9 of 2017, seeking leave to file an appeal, issue notice to the respondents, returnable on 13th September, 2017. 7.

The leaned A.P.P. waives service of notice on behalf of respondent No.1/State.

[SANGITRAO S. PATIL] JUDGE npj/criapln2391-2017