Saraswati Trimbak Kurwade v. The State Of Maharashtra

908-CriAppln-3865-2023 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 908 CRIMINAL APPLICATION NO. 3865 OF 2023 IN/WITH CRIMINAL APPEAL ST NO. 10808 OF 2023 WITH CRIMINAL APPLICATION NO. 3866 OF 2023 IN APPEAL ST/10808/2023 SARASWATI TRIMBAK KURWADE

VERSUS

THE STATE OF MAHARASHTRA .....

Advocate for Applicant : Mr. Balasaheb N. Magar 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. 3865 of 2023 has been filed for getting condoned the delay of 55 days in filing appeal. 3.

The applicant is the original accused, who wants to challenge his conviction for the offence punishable Section 302 of the Indian Penal Code [IPC] passed by learned Additional Sessions Judge-1, Hiingoli, in Sessions Case No. 53 of 2017 on 13.06.2023. It appears that the present appellant was never released on bail since the date of her arrest. It has been stated that since the family of the applicant is poor and could not arrange the expenses, there is delay.

908-CriAppln-3865-2023 -24.

Since good grounds have been given for condoning the delay, the same stands condoned. Criminal Application No. 3865 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