The State Of Maharashtra v. Sadashiv S/O. Sudhakar Ratnaparkhi

37.Cri.Appln-3547-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3547 OF 2019 THE STATE OF MAHARASHTRA

VERSUS

SADASHIV S/O. SUDHAKAR RATNAPARKHI ...

APP for Applicant/State : Mr. S.R. Yadav-Lonikar Advocate for Respondent Mr. Sohail Subhedar h/f Mr. Ghanekar Nilesh S. ...

CORAM : KISHORE C. SANT, J.

DATE : 22nd FEBRUARY 2023.

Per Court :

Heard.

1.

This is an application seeking condonation of delay of 112 days that is caused in filing application seeking leave to file appeal against acquittal, challenging judgment and order of acquittal passed by the learned Special (ACB) Judge, Beed dated 15.03.2019 in Special (ACB) Case No.17/2014.

2.

The learned APP submits that the delay is not intentional and deliberate, but is caused due to the administrative procedure and for

37.Cri.Appln-3547-2019.doc the reasons stated in the application, as the authority had to prepare the proposal for filing an appeal and the same is required to be routed through different offices.

2.

The learned Advocate for the respondent vehemently opposes the application stating that there is no sufficient cause shown in the application. There is nothing on record to show as to what prevented the State/applicant for filing of application within limitation. 3.

Considering the above, this Court finds that the sufficient reason is made out to condone delay. Hence the application stands allowed and the delay is condoned. Office to register the application (ALS). 4.

With this, the Criminal Application is disposed off. [ KISHORE C. SANT, J.] Najeeb.