Parmeshwar Baburao Landge v. The State Of Maharashtra

906-CriAppln-3401-2023 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 906 CRIMINAL APPLICATION NO. 3401 OF 2023 IN/WITH CRIMINAL APPEAL ST NO. 9366 OF 2023 WITH CRIMINAL APPLICATION NO. 3402 OF 2023 IN APPEAL ST/9366/2023 PARMESHWAR BABURAO LANDGE

VERSUS

THE STATE OF MAHARASHTRA .....

Advocate for Applicants : Mr. Tukaram Maruti Venjane APP for Respondent-State : Mr. S. D. Ghayal .....

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

DATED : 25 OCTOBER 2023 PER COURT :- 1.

Issue notice to the respondent. Learned APP waives notice. 2.

Criminal Application No. 3401 of 2023 has been filed for getting condoned the delay of 56 days in filing appeal. 3.

The applicant is the original accused no.1, who wants to challenge his conviction for the offence punishable Section 302 of the Indian Penal Code [IPC] passed by learned Special Judge (POCSO)/Additional Sessions Judge, Nilanga, District Latur in Sessions Case No. 10 of 2017 on 16.05.2023. It appears that the present appellant was never released on bail since the date of his arrest. It has been stated that since the family of the applicant is poor

906-CriAppln-3401-2023 -2and could not arrange the expenses, there is delay. 4.

Since good grounds have been given for condoning the delay, the same stands condoned. Criminal Application No. 3401 of 2023 stands allowed and disposed of.

5.

Registry to verify and register the appeal.

6.

Since arguable points are made, the appeal stands admitted. 7.

Call record and proceedings with paper book.

8.

Issue notice to the respondent. Learned APP waives notice. 9.

Issue notice in respect of application for suspension of sentence also. Learned APP waives.

10. The application be placed after receipt of record and proceedings with paper book.

[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.] vre