Nivrutti Nagorao Hange v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CRIMINAL APPLICATION NO.3165 OF 2022 IN APPEALST/8703/2022 NIVRUTTI NAGORAO HANGE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. M.L. Deoda, Advocate for applicant Mr. S.J. Salgare, APP for respondent No.1 ...

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

DATE:

26th SEPTEMBER, 2023 ORDER :

Present application has been filed for condonation of delay of 137 days in filing criminal appeal. Though the informant/victim has been made as party in view of the fact that compensation has been awarded; yet, she may not be necessary party for condonation of delay and, therefore, we are not inclined to issue notice to respondent No.2. Learned APP waives notice for respondent No.1.

The appellant appears to be behind the bars since the date of his

Cri.Appln_3165_2022 arrest in 2016. The appeal is a substantive right for the convict to challenge his conviction and, therefore, good grounds are shown for condoning the delay.

Application, therefore, stands allowed and disposed of. Registry to verify and register the appeal.

(ABHAY S. WAGHWASE, J.) ( SMT. VIBHA KANKANWADI, J. ) agd