Atmaram Madhav Jadhav v. The State Of Maharashtra

( 1 ) cria2952.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO.2952 OF 2022 WITH CRIMINAL APPEAL NO. 837 OF 2022 ATMARAM MADHAV JADHAV

VERSUS

THE STATE OF MAHARASHTRA Mr.R.S. Shinde, Advocate for the applicant.

Mr.S.P. Sonpawale, APP for the respondent/State.

CORAM

:

KISHORE C. SANT, J.

[VACATION COURT] DATED :

01.11.2022 PC :- 01.

This is an application seeking condonation of delay of 80 days that is caused in filing the Criminal Appeal. The applicant under wrong impression had filed application for bail bearing Bail Application No.1299 of 2022 praying for bail in connection with offence under the Indian Penal Code and along with offence punishable under section 3(2)(v) of the Atrocities Act. On realizing that since provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are attracted, it was necessary to file Criminal Appeal, a prayer was made seeking leave to allow to convert bail application into Criminal Appeal. This Court was pleased to permit the applicant to convert the Criminal Application into Criminal Appeal by order dated 18.08.2022. However, since by that time, there was delay in filing the appeal, this application came to be filed for condonation of delay of 80 days. Considering the cause for condonation of delay, this application is allowed.

( 2 ) cria2952.22 The delay is condoned. The appeal be registered. 02.

The order dated 20.10.2022 passed on this application, be treated to be order passed in Criminal Appeal No. 837 of 2022. 03.

Thus, Criminal Application No.2952 of 2022 and Criminal Appeal No.837 of 2022 are disposed off.

[KISHORE C. SANT, J.] VACATION COURT snk/2022/OCT22/cria2952.22