Madhukar @ Madan Balasaheb Dugane And Others v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3842 OF 2023 IN CRIMINAL APPEAL ST. NO. 10754 OF 2023 Madhukar @ Mdan s/o Balasaheb Dugane & others Applicants

Versus

The State of Maharashtra & another Respondents Mr. P. P. More, Advocate for the applicants. Mr. S. P. Sonpawale, APP for the State.

Mr. K. R. Yadav, Advocate holding for Mr. A. A. Lomte, Advocate (appointed) for respondent No. 2.

CORAM : R. M. JOSHI, J.

DATE : 6th NOVEMBER, 2023.

PER COURT :

1.

This is an application for condonation of delay in fling appeal against order dated 25th March, 2022, passed by the Special Court in Special Case No. 68/2014 rejecting application for discharge fled by appellant/accused.

2.

Record indicates that initially criminal writ petition was fled challenging the said order. In view of provisions of Section 14A of the Scheduled Caste and Scheduled Tribes (Prevention of

- 2 - Atrocities) Act, the said petition is converted into appeal and hence, delay of 198 days is said to have been caused in fling this appeal. 3.

Learned counsel for applicants submits that there is no intentional delay in fling appeal belatedly and hence delay be condoned.

4.

Learned APP and learned counsel for informant opposed the application.

5.

Delay of 198 days deserves to be condoned as appellants are within their right to challenge the order of rejection of discharge. Hence, delay stands condoned. Appeal be registered. However, considering the delay, he is directed to deposit cost of Rs. 1,000/- in the Trial Court within a period of two weeks from today. Trial Court to allow the informant to withdraw said amount. ( R. M. JOSHI) Judge dyb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL ST. NO. 10754 OF 2003 Madhukar @ Mdan s/o Balasaheb Dugane & others Appellants

Versus

The State of Maharashtra & another Respondents Mr. P. P. More, Advocate for the appellants Mr. S. P. Sonpawale, APP for the State.

Mr. K. R. Yadav, Advocate holding for Mr. A. A. Lomte, Advocate (appointed) for respondent No. 2.

CORAM : R. M. JOSHI, J.

DATE : 6th NOVEMBER, 2023.

PER COURT :

1.

Issue notice to respondents returnable on 5th December, 2023. Learned APP waives service of notice on behalf of the State. 2.

Private service allowed.

( R. M. JOSHI) Judge dyb