← Library
Bombay High CourtAPPA/18/2024allowed

Vivek Khushal Rangari v. State Of Mah. Thr. Pso Ballarshah Tah.Ballarpur Dist.Chandrapur And Another

2024-01-15Hon'Ble Shri Justice M. W. Chandwani2 pages

appa18.24.O.odt

IN THE HIGH COURT OF JUDICATURE AT B

O MBAY NAGP U R BENCH, N A GPUR CRIMINAL APPLICATION (APPA) NO.

(Vivek Khushal Rangari Vs. The State of Maharashtra thr. its PSO PS Ballarshah, Tah. Ballarpur, Dist. Chandrapur and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. M. V. Rai, Advocate for Applicant.

CORAM: M. W. CHANDWANI , J.

DATE: 15 th JANUARY, .

This is an application for condonation of delay of 804 days in preferring the appeal against the order of conviction.

2.

The order dated 26.08.2021 passed by the learned Additional Sessions Judge, Chandrapur in Special (POCSO) Case No.69/2018 is under challenge. The reason for the delay is that the appellant is behind the bar since the date of his arrest, he belongs to poor family, he has old aged parents and thus the appeal came to be filed belatedly. 3.

The appeal is a statutory right and for the reasons mentioned in the application, the delay of 804 days caused in filing the appeal is condoned. The application is allowed and disposed of accordingly.

Appeal be registered.

appa18.24.O.odt CRIMINAL APPEAL STAMP NO.131/2023:

Heard.

2.

Admit.

3.

Issue notice to the non-applicant, returnable within two weeks.

4.

Mr. A. V. Palshikar, learned A.P.P. waives service of notice on behalf of non-applicant/State.

5.

Call for record and proceedings.

CRIMINAL APPLICATION (APPA) STAMP NO.133/2024: Learned A.P.P. for the non-applicant/State seeks time to file reply. Time granted.

2.

Stand over to 29.01.2024.

JUDGE NSN