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Bombay High CourtAPPLN/3403/2018application allowed

Bharat S/O. Sambhaji Muddenwad v. The State Of Maharashtra

2024-01-19Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice R. M. Joshi1 pages

2024:BHC-AUG:1156-DB

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3403 OF 2018 IN CRIMINAL APPEAL (ST.) NO.857 OF 2018 Bharat s/o Sambhaji Muddenwad ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. S.B. Shinde, Advocate for applicant Mrs. V.S. Choudhari, A.P.P. for respondent .......

CORAM : R.G. AVACHAT AND R.M. JOSHI, JJ.

DATE :

19th JANUARY, 2024 O R D E R :

This application is filed for condonation of delay of 182 days in preferring the appeal against the judgment and order dated 29/3/2018, passed in Special (Atrocity) Case No.04/2017. The appellant is in jail. This is more than sufficient ground for condonation of delay. Since the applicant is in jail, he would not have gained anything by not preferring the appeal within time. Hence, the application is allowed. Appeal be registered. 2.

Criminal Appeal is admitted.

3.

Learned A.P.P. waives service for the respondent No.1 4.

Call for record and proceedings.

(R.M. JOSHI, J.) (R.G. AVACHAT, J.) fmp/-