Ganesh Sunil Salve v. The State Of Maharashtra And Another

2024:BHC-AUG:30637 {1} 914 CRI. APPLN.3657.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3657 OF 2024 IN APEALST/9768/2024 GANESH SUNIL SALVE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ......

Advocate for Applicant : Mr. Menezes Joslyn A. APP for Respondent - State : Mrs. Ashlesha S. Deshmukh Advocate for Respondent No.2 : Mr. Vivek M. Lomte (appointed Through Legal Aid) ......

WITH CRIMINAL APPLICATION NO. 3658 OF 2024 IN APEALST/9768/2024 CORAM : ABHAY S. WAGHWASE, J.

DATED : 19th DECEMBER 2024 PER COURT :- 1.

This is an application for condonation of delay of 116 days caused in filing criminal appeal.

2.

Learned counsel pointed out that, reasons for delay are spelt out in paragraph nos.4, 7 and 8 of the application and stated that there is no deliberate and intentional delay. That, there is a good case in appeal and therefore, in the interest of fair opportunity, delay so caused is sought to be condoned.

3.

Learned counsel for the respondents strongly opposed pointing out that there is no plausible explanation for the delay.

{2} 914 CRI. APPLN.3657.2024 4.

After considering the submissions and on going through the papers, more particularly in view of reasons recorded in paragraph nos.4, 7 and 8 and in the interest of justice, the application is allowed and the delay of 116 days is condoned. Registry to register the appeal.

5.

Issue notice to the respondents in appeal as well as application for suspension of sentence and bail, returnable on 23.01.2025.

6.

Learned APP waives service of notice on behalf of respondent No.1 State. Learned Advocate Mr. Vivek Lomte waives service of notice on behalf of respondent no.2. ( ABHAY S. WAGHWASE ) JUDGE Tandale