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Bombay High CourtAPPLN/3857/2024application allowed

Purushottam Kumar Gupta v. The State Of Maharashtra And Another

2024-10-24Hon'Ble Shri Justice R. M. Joshi3 pages

2024:BHC-AUG:26243

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3857 OF 2024 IN APEALST/10354/2024 Purushottam Kumar Gupta

VERSUS

The State Of Maharashtra And Another *** • Mr. A. S. Sawant, Advocate for the Applicant • Mr. P. K. Lakhotiya, APP for the Respondent/State • Ms. P. K. Apache, Advocate appointed for the Informant *** CORAM : R.M. JOSHI, J DATE : OCTOBER 24, 2024 PER COURT :

1.

Notice of Respondent No. 2 is awaited.

2.

Learned APP states that the concerned police station has intimated the informant about pendency of this Application/Appeal.

3.

In view of this, Ms. P. K. Apache, learned Counsel, is appointed to represent Respondent No. 2 both Application and in Appeal. Learned Counsel for Applicant to provide copy of appeal memo and application along with annexures to appointed Counsel forthwith.

4.

This is an application for condonation of delay.

5.

Learned Counsel for Applicant submits that having regard to the nature of Appeal, delay deserves to be condoned.

6.

Learned appointed Counsel opposed the application by drawing attention of the Court to the offences alleged against Applicant.

7.

Since the Appeal is for regular bail and Appellant is in jail and considering the reasons mentioned in the application, application is allowed. Delay is condoned. Appeal be registered.

8.

Fees of appointed Counsel is quantified at Rs. 3,000/- (Rupees Three Thousand Only).

9.

Issue notice to Respondents in Appeal. Learned APP waives service of notice on behalf of Respondent/State. Learned appointed Counsel waives

service of notice for Respondent No. 2/Informant. 10.

List the Appeal on 12.11.2024.

(R.M. JOSHI, J.)