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Bombay High CourtAPPLN/4488/2023application allowed

Rajendra @ Golu @ Ganesh Subhash Savkare v. The State Of Maharashtra And Another

2024-01-17Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2024:BHC-AUG:976 ( 1 ) cria4488.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CRIMINAL APPLICATION NO. 4488 OF 2023 IN APEALST/12701/2023 RAJENDRA @ GOLU @ GANESH SUBHASH SAVKARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr.A.K. Bhosale, Advocate for the applicant.

Mr.N.D. Batule, APP for the respondent/State. Mr.N.N. Desale, Advocate for respondent No.2.

CORAM

:

ABHAY S. WAGHWASE, J.

DATED :

17.01.2024 PC :- 01.

Heard. This is an application for condonation of delay of 361 days caused in fling the appeal against judgment and order dated 05.09.2023 passed by learned Additional Sessions Judge, Bhusawal, Dist. Jalgaon in Sessions Case No.2 of 2018. The reasons for delay are reflected in para Nos. 2 and 3 of the application.

02.

Learned Advocate Mr. N.N. Desale submits that he has instructions to appear for respondent No.2 and he is equipped with Vakalatnama. He strongly opposes the application. 03.

For the reasons stated in the application, the delay so caused is condoned. The criminal application is allowed.

( 2 ) cria4488.23 04.

Issue notice to the respondents in appeal, returnable on 31.01.202. Learned APP waives service of notice for respondent/State. Learned Advocate Mr. Desale waives notice for respondent No.2. 05.

Learned Counsel Mr. Desale submits that respondent No.2 has also filed Criminal Appeal St. No.4786 of 2023 and both the matters are required to be clubbed together.

06.

Office to tag Criminal Appeal St. No.4786 of 2023 with the present matter and place both the matters on 31.01.2024. [ABHAY S. WAGHWASE, J.] snk/2024/JAN24/cria4488.23