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Bombay High CourtAPPLN/3227/2023application allowed

Imrankhan Hussein Khan v. The State Of Maharashtra

2023-09-08Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Abhay S. Waghwase3 pages

{1} CRI APPLN 2366 OF 2023& ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CRIMINAL APPLICATION NO.3227 OF 2023 IN APPEALST/8931/2023 IMRANKHAN HUSSEIN KHAN

VERSUS

THE STATE OF MAHARASHTRA ...

WITH CRIMINAL APPLICATION NO.3294 OF 2023 IN APPEALST/9119/2023 USMAN KHAN ISMAIL KHAN

VERSUS

THE STATE OF MAHARASHTRA WITH APPLN/2366 OF 2023 IN APPEAL/581/2023 WITH APPEAL/581/2023 WITH APPLN/3228/2023 IN APPEALST/8931/2023 WITH APPLN/3295/2023 IN APPEALST/9119/2023 ...

Advocate for Applicants in Application Nos.3227/2023, 3228/2023, 3294/2023 & 3295/2023 : Mr.R.P.Patwardhan h/f. Mr.S.S.Jadhav Advocate for Applicant in Application Nos.2366/2023 : Mr. Nikhilesh K. Tungar Advocate for Respondent No.2 : Mr.Mahesh S.Bhosale APP for Respondent : Mr.A.M.Phule ...

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

DATE : 8 SEPTEMBER, 2023 PER COURT :- 1.

Criminal Application Nos.3227 of 2023 and 3294 of 2023 have been filed by original accused nos.3 and 2 repsectively for

{2} CRI APPLN 2366 OF 2023& ORS condonation of delay in filing their criminal appeals. The delay is of 34 days and 35 days respectively.

2.

Issue notice to the respondent State. Learned APP waives service of notice for respondent State.

3.

It appears that the fine amount has been given as compensation to the widow of deceased and she has been made party to the appeals but not to the applications.

4.

Mr.M.S.Bhosale, learned Advocate is appearing for the said respondent no.2 in another appeal. Though he says that he is yet to receive instructions, we hope and trust that he would appear in these matters and then we are asking him to waive service of notice for respondent no.2 in respect of applications for condonation of delay also.

5.

The learned APP for respondent State as well as learned Advocate for respondent no.2 have objection yet taking into consideration the reasons stated in the applications, the delay stands condoned. Criminal Application Nos.3227 of 2023 and 3294 of 2023 for condonation of delay stand allowed and disposed of.

{3} CRI APPLN 2366 OF 2023& ORS 6.

Registry to verify and register the appeals.

7.

Since arguable points are made, the appeals stand "admitted". 8.

Issue notice to the respondents. Learned APP waives service of notice for respondent no.1 - State and Mr.Bhosale, learned Advocate waives service of notice for respondent No.2. 9.

Record and Proceedings has already been received in connecting appeal.

10.

Place the applications for suspension of sentence in all the three matters for further consideration on 26-09-2023. ( ABHAY S. WAGHWASE ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE SPT