Bombay High CourtAPPLN/1937/2021application allowed

Rajesh Nagnath Waghmode v. The State Of Maharashtra

2021-09-27Hon'Ble Shri Justice S. P. Tavade1 pages

( 1 ) cria1937.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 CRIMINAL APPLICATION NO.1937 OF 2021 IN APEALST/5808/2021 WITH APPLN/1938/2021 IN APEALST/5808/2021 RAJESH NAGNATH WAGHMODE

VERSUS

THE STATE OF MAHARASHTRA Mr.B.R. Kedar h/f. Mr. G.V. Wani, Advocate for the applicant. Mr.R.B. Bagul, APP for the respondent/State.

CORAM : SURENDRA P. TAVADE, J.

DATED :

27.09.2021 PC :- 01.

Perused the application. Heard learned Counsel for the applicant and learned APP. There is delay of 1000 days in preferring appeal against judgment and order passed against the applicant in Sessions Case No.96 of 2015. The applicant is sentenced to suffer rigorous imprisonment for ten years for the offence punishable under section 307 of the Indian Penal Code. The cause of delay is poverty as well as lack of knowledge of law. As the applicant is sentenced to suffer rigorous imprisonment for ten years, he has legal right to challenge the order of conviction. Therefore, considering the cause given in para 3 of the application, the delay is condoned. The appeal be registered. The criminal application is disposed of.

[SURENDRA P. TAVADE,J.] snk/2021/SEP21/cria1937.21