Syed Najer Ali S/O. Sayed Naser Ali v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4393 OF 2022 IN CRIMINAL APPEAL ST. NO. 12147 OF 2022 Syed Najer Ali s/o Sayed Naser Ali Applicant

Versus

State of Maharashtra Respondent Mr. R. A. Jaiswal, Advocate for the applicant. Mr. S. P. Deshmukh, APP for the State.

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

DATE : 23rd DECEMBER, 2022.

PER COURT :

1.

Issue notice to respondent. Learned APP waives service of notice.

2.

There is delay of 1515 days in preferring appeal against the judgment of conviction. Appellant is in jail. 3.

Learned APP opposed the application.

4.

Delay is not deliberate and the appellant would not have gained anything by not preferring the appeal in time. In the facts

- 2 - criappln4393.22.odt and circumstances of the case, delay deserves to be condoned. Hence application is allowed in terms of prayer clause 'B'. 5.

Appeal be registered. On registration of appeal, the same is admitted.

6.

Application stands disposed of.Z ( R. M. JOSHI) ( R. G. AVACHAT) Judge Judge dyb