← Library
Bombay High CourtAPPLN/4234/2023application allowed

Nilesh Raju Zende v. The State Of Maharashtra And Another

2024-01-04Hon'Ble Shri Justice Abhay S. Waghwase1 pages

2024:BHC-AUG:92

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 909 CRIMINAL APPLICATION NO. 4234 OF 2023 IN APPEALST/11947/2023 WITH APPLN/4235/2023 IN APPEALST/11947/2023 WITH CRIMINAL APPEAL (STAMP) NO. 11947 OF 2023 NILESH RAJU ZENDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Ms. Pratiksha C. Kale h/f Mr. S. S. Kulkarni. APP for Respondent-State : Mr. N. D. Batule ...

CORAM : ABHAY S. WAGHWASE, J.

Dated : 04 January 2024 PER COURT :- 1.

By virtue of judgment and order of conviction dated 08.05.2023 passed by learned Special Judge POCSO Court, Court No.2, Ahmednagar in Special Case No. 114 of 2022, the appellant is in prison. He intends to prefer appeal. However, there is delay of 123 in filing appeal. Reasons for the delay are reflected in para 4 and 5 of the application.

2.

In view of the reasons stated in the application, delay so caused is condoned. The Criminal Application No. 4234 of 2023 is allowed. 3.

Issue notice to the respondents in appeal as well as application for suspension of sentence. Learned APP waives notice for respondent no.1. Notice of respondent no.2 is made returnable on 01.02.2024. ( ABHAY S. WAGHWASE, J. ) vre