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Bombay High CourtAPPLN/3765/2023application allowed

Raju Lahu Shamarao Rathod v. The State Of Maharashtra

2023-10-18Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

{1} CRI APPLN 3765 OF 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO.3765 OF 2023 IN APPEALST/10456/2023 RAJU LAHU SHAMRAO RATHOD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.Girish V. Wani APP for Respondent : Mr.S.D.Ghayal ...

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

DATE : 18 OCTOBER, 2023 PER COURT :- 1.

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

2.

Present application has been filed for condonation of delay of 1318 days in filing criminal appeal.

3.

The appellant is the original accused in Sessions Case No.333 of 2017, who has been convicted by learned Additional Sessions Judge, Aurangabad on 26-12-2019 after holding him guilty for committing offence punishable under Sections 302 and 404 of the Indian Penal Code. It appears that the accused was never released on

{2} CRI APPLN 3765 OF 2023 bail since the date of his arrest. Now also he has been given legal aid. Under the said circumstance, it is a good ground for condoning the delay. Hence, the application stands allowed and disposed of. Delay stands condoned.

4.

Registry is directed to register the appeal.

( ABHAY S. WAGHWASE ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE SPT