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Bombay High CourtAPPLN/2125/2022application allowed

Gautam Govind Borde v. The State Of Maharashtra

2022-08-12Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 902-Cri.Appln-2125-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CRIMINAL APPLICATION NO.2125 OF 2022 IN APEALST/5836/2022 GAUTAM GOVIND BORDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr Rahul O. Awasarmol APP for Respondent/State : Mr G.O. Wattamwar CORAM : SHRIKANT D. KULKARNI , J.

DATE : 12th AUGUST, 2022 PER COURT :

1.

It is an application for condonation of delay moved by the applicant.

2.

Heard Mr Rahul Awasarmol, learned counsel for the applicant. There is delay of 38 days in preferring the appeal and he has prayed to condone the same.

3.

Issue notice to the respondent/State. Mr G.O. Wattamwar, learned APP waives service of notice for the State. 4.

Heard Mr G.O. Wattamwar, learned APP for the State. He opposed to condone the delay.

5.

Having regard to the small volume of delay and looking to the statutory right of the applicant to challenge the order of conviction by way of appeal, it is necessary to condone the delay in the interest of justice.

2 902-Cri.Appln-2125-2022

ORDER

(i) The Criminal Application is hereby allowed in terms of prayer clause (B).

(ii) The Registry is directed to make scrutiny of the appeal as per procedure and it be numbed and placed before the Court on 22.08.2022.

(iii) The Criminal Application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] mta