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Bombay High CourtAPPLN/2763/2019application allowed

The State Of Maharashtra v. Navnath Bharat Ghonse

2021-09-24Hon'Ble Shri Justice S. P. Tavade2 pages

(1) criapln2763.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CRIMINAL APPLICATION NO. 2763 OF 2019 IN CRIMINAL APPEAL ST. NO.831 OF 2019 STATE OF MAHARASHTRA VS NAVNATH BHARAT GHONSE Mr. S. N. Morampalle, APP for the applicant/State Mr. Sachin S. Panale, Advocate for the respondent CORAM :

SURENDRA P. TAVADE, J.

DATE :

24-09-2021 P. C.

.

This is an application for condonation of delay. The appeal has been filed against the judgment and order passed by the Learned Additional Sessions Judge, Udgir in Special Case (POCSO) No. 5 of 2014. The judgment was delivered on 29-03-2019. The State received the copy at late stage. Therefore, the proposal of appeal was filed before the department and there was delay in taking the action at the government level. There was no intentional delay. That may be condoned.

2.

The respondent appears in the matter. Learned counsel for the respondent submits that for fair hearing of the matter the delay should be condoned. Admittedly, the respondent has filed appeal against the conviction. Similarly, the original complainant

(2) criapln2763.19 has also filed an appeal for enhancement of sentence. Therefore, the matter is required to be heard extensively. In the ends of justice and cause shown in the application the delay is condoned. The application is allowed. Criminal Appeal St. No.831/2019 be registered.

[ SURENDRA P. TAVADE, J. ] VishalK/criapln2763.19