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Bombay High CourtAPPLN/4336/2022application allowed

Ajay @ Taklya Vijay Jondhale v. The State Of Maharashtra

2022-12-22Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice R. M. Joshi2 pages

Cri.Appln.No.4336/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4336 OF 2022 WITH CRIMINAL APPLICATION NO.4337 OF 2022 IN CRIMINAL APPEAL (ST.)NO.11970 OF 2022 Ajay @ Taklya s/o Vijay Jondale ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. Chaitanya C. Deshpande, Advocate for applicant Mr. S.P. Deshmukh, A.P.P. for respondent - State .......

CORAM :

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

DATE :

22nd DECEMBER, 2022.

PER COURT :

Heard. Issue notice to respondent returnable forthwith. Learned A.P.P. waives service on behalf of the respondent - State.

2.

As per the application, the delay of 200 days is caused in filing of the appeal on account of financial difficulties of the applicant.

3.

The learned A.P.P. opposed grant of the application.

Cri.Appln.No.4336/2022 :: 2 ::

4.

The applicant is in jail, and on account of financial constraints, he could not file the appeal in time. Interest of justice requires that the delay caused in filing the appeal is condoned. Hence, Criminal Application No.4336/2022 is allowed. Delay condoned. Appeal be registered. 5.

On registration, the appeal is admitted. Issue notice to the respondent returnable on 2nd January 2023. Learned A.P.P. waives service for the respondent - State after admission of the appeal.

6.

Issue notice to the respondent in Criminal Application No.4337/2022 returnable on 2nd January 2023. Learned A.P.P. waives service for the respondent - State. ( R.M. JOSHI, J. ) ( R. G. AVACHAT, J. ) fmp/-