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Bombay High CourtAPPLN/2235/2023application allowed

Vandanabai Madhav Kadam v. The State Of Maharashtra

2023-07-17Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

4-appln-2235-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2235 OF 2023 IN APEALST/6178/2023 Vandanabai Madhav Kadam .. Applicant

Versus

The State of Maharashtra .. Respondent ...

Mr. Avinash D. Hande, Advocate for the applicant. Mr. S. D. Ghayal, APP for the respondent - State. ...

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

DATE : 17th July, 2023 ORDER :- .

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

2.

The applicant - appellant is convicted for the offence punishable under Sections 302, 394 read with Section 34 of Indian Penal Code. The applicant was in custody since 10.03.2018 to 22.05.2020 and thereafter from the date of judgment, it appears that she is in jail. It has been contended that she could not engage Advocate, as her husband - accused No.1 has also been convicted in the same case. Her parents are no more (1)

4-appln-2235-2023.odt and, therefore, she could not file the appeal within limitation. The delay is of 67 days and taking into consideration the duration of the delay and the reasons stated in the application, the application stands allowed and disposed of.

3.

Registry to verify and register the appeal.

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