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Bombay High CourtAPPLN/4201/2023application allowed

Sunita Devidas Waghmare v. The State Of Maharashtra

2023-11-28Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

-1- 5-Cri.Appln.4201.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4201 OF 2023 IN APEALST/11885/2023 WITH APPLN/4202/2023 IN APEALST/11885/2023 SUNITA DEVIDAS WAGHMARE

VERSUS

THE STATE OF MAHARASHTRA . . .

Advocate for Applicant : Mr. Sopan Gynba Bobade APP for Respondent - State : Mrs. Uma Bhosale . . .

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATED : 28th NOVEMBER, 2023 PER COURT :

1.

Issue notice to the respondent. Learned APP waives notice on behalf of respondent-State.

2.

Present application has been filed for condoning the delay of 72 days caused in filing criminal appeal. The appellant/applicant is original accused in Sessions Case No.40 of 2019. He has been convicted by learned Additional Sessions Judge, Nilanga, District Latur on 20.06.2023 for the offence punishable under Sections 302 and 201 of Indian Penal Code (IPC). 3.

In view of the fact that, appeal is a right and for the reasons stated in the application, delay stands condoned. The

-2- 5-Cri.Appln.4201.2023 Criminal Application No.4201 of 2023 stands allowed and disposed of.

4.

Registry is directed to verify and register the appeal. 5.

Since arguable points are made, appeal stands admitted. 6.

Issue notice to the respondent after admission. Learned APP waives notice on behalf of respondent.

7.

Call Record and Proceedings with paper book.

8.

Issue notice in respect of Criminal Application No.4202 of 2023. Learned APP waives notice on behalf of respondent. 9.

To be placed after the Record and Proceedings is received with Paper-book.

(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.) Tandale