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Bombay High CourtAPPLN/1914/2022application allowed

Sudhir Sukhdeo Bhalerao v. The State Of Maharashtra And Another

2022-07-07Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

cria1914.22 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 CRIMINAL APPLICATION NO.1914 OF 2022 IN APEALST/5193/2022 SUDHIR SUKHDEO BHALERAO

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr.Virendra Tuwar Advocate h/f. Mr. K.J. Tandale Advocate for Applicant.

Mr.R.B. Bagul, A.P.P. for Resp. No.1.

...

CORAM: SMT. VIBHA KANKANWADI, J.

DATE : 7th JULY, 2022 ORDER :

1.

Issue notice to respondent No.1. Learned APP waives service of notice for respondent No.1.

2.

This is an Application for condonation of delay caused in filing Appeal. Taking into consideration the fact that accused is in jail and has been sentenced for the offence punishable under Sections 376(3), 377, 506 of the Indian Penal Code, as regards filing of the appeal is concerned, whether to condone the delay or not would be within the discretion of this Court and therefore,

cria1914.22 it is not necessary to to issue the notice to the informant - respondent No.2.

3.

There is delay of only 15 days and taking liberal view, the delay deserves to be condoned. Accordingly the delay is condoned.

4.

The Application stands allowed and disposed of. 5.

Registry to register the appeal.

[ SMT. VIBHA KANKANWADI, J. ] asb/JULY22