Sham Bhivrao Thombare v. The State Of Maharashtra And Another

40-CrAn-4347-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4347 OF 2022 IN REVNST/11996/2022 SHAM BHIVRAO THOMBARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Datta A. Madake APP for Respondent No.1/State : Mr. Y. G. Gujrathi ...

CORAM :

S. G. MEHARE, J.

DATE :

10-07-2023 PER COURT :- 1.

The legal heir of respondent No.2 was appeared. However, she did not turn up. It is a State case. The learned A.P.P. can represent her. Hence, the matter is proceeded ahead. 2.

Heard the learned counsel for the parties.

3.

The learned A.P.P. has opposed the application. He submits that the impugned judgment and order is correct. The reasons for delay are not convinceable. Hence, the application may be rejected.

4.

Perusal of the reasons assigned for delay in the application appear plausible as well as reasonable. No harm would be caused to the respondent/State, if the delay is condoned. Hence, the

40-CrAn-4347-22.odt order:- i) Criminal application is allowed.

ii) Delay of 173 days in preferring criminal revision application is condoned.

iii) Registry to register the revision application according to law. iv) Upon registration, issue notice to the respondents, returnable on 26.07.2023.

v) The learned A.P.P. waives service of notice for the respondent No.1/State.

( S. G. MEHARE ) JUDGE rrd