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Bombay High CourtAPPLN/2460/2018application allowed

Abdul Rahim S/O. Abdul Karim v. The State Of Maharashtra And Others

2024-04-08Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2024:BHC-AUG:7457 -1- 17-APPLN-2460-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2460 OF 2018 ABDUL RAHIM S/O. ABDUL KARIM

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Sudhir K. Chavan APP for Respondent - State : Mr. S. M. Ganachari Advocate for Respondent Nos.2 to 6 : Mr. Arvind Deshmukh ...

CORAM : ABHAY S. WAGHWASE, J.

DATED : 8th APRIL, 2024 PER COURT :

1.

This is an application for condonation of delay of 111 days in filing the application for leave to appeal by private party. 2.

Learned Advocate for applicant pointed out that, reasons for delay are mentioned in paragraph Nos.2 and 3 of the application and the said delay is unintentional. 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 Advocate for respondents strongly objected on the ground that delay has not been properly explained and therefore delay cannot be condoned.

-2- 17-APPLN-2460-2018 4.

After going through the application and for the reasons mentioned in paragraph Nos. 2 and 3 of the application, the application stands allowed and disposed of. Delay stands condoned. 5.

Registry to verify and to take further steps. 6.

Issue notice to the respondents in application for leave to appeal by private party.

7.

Learned APP waives notice on behalf of respondent - State. Learned Advocate Mr. Arvind Deshmukh waives notice on behalf of respondent nos.2 to 6.

8.

Stand over to 06.05.2024.

(ABHAY S. WAGHWASE, J.) Tandale