Datta Ramesh Kadam v. The State Of Maharashtra And Another

Cri. Appeal No.609 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.609 OF 2021 Datta s/o. Ramesh Kadam ..Appellant Vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.R.R.Chandak, Advocate for appellant Mr.A.M.Phule, APP for respondent ---- CORAM : R.G.AVACHAT AND R.M.JOSHI, JJ.

DATE : OCTOBER 18, 2022 ORDER :- This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Act of 1989", for short), taking exception to the order passed by learned Addl. Sessions Judge-5, Latur, granting bail to respondent no.2 herein. 2.

The order impugned herein was passed on 15.03.2021. Proviso to Section 14A(3) speaks of limitation for preferring an appeal under Section 14A of the Act of 1989. It prescribes period of 90 days from the date of the judgment, sentence or order appealed from. Proviso thereto gives further period of 90 days to prefer an appeal, provided the High Court is satisfied that the appellant had sufficient

Cri. Appeal No.609 of 2021 cause for not preferring the appeal within the period of 90 days. Further proviso states that no appeal shall be entertained after expiry of period of 180 days.

3.

In the case in hand, the order impugned in this appeal was passed on 15.03.2021. Present appeal has been filed on 25.11.2021, i.e. about eight months after the impugned order was passed. There is nothing in the appeal memo to suggest when did the appellant apply for certified copy and got the same. There is no whisper in the appeal memo to suggest that the appeal has been filed within a prescribed period of limitation, i.e. 180 days. We are, therefore, not inclined to even to issue notice in this appeal. The appeal, thus, stands disposed of.

[R. M. JOSHI, J.] [R.G. AVACHAT, J.] KBP