Bombay High CourtAPPA/28/2017delay condonatedrejected

Antaram S/O. Mahadeo Pohankar And Others v. State Of Maharashtra Thr. Police Station Officer Police Station Pauni Dist. Bhandara

2017-01-25Hon'Ble Shri Justice P.N. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.28 OF 2017 IN CRIMINAL APPEAL NO.......... OF 2017 Antaram s/o Mahadeo Pohankar and ors ..vs..

State of Maharashtra, through Police Station Officer, Police Station Pauni, Tahsil Pauni, District Bhandara ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Ms. S.B. Khobragade, Counsel for the Applicants. Shri I.J. Damle, Addll.P.P. for the Non-applicant.

CORAM

: P.N. DESHMUKH, J.

DATED : JANUARY 25, 2017.

Heard learned counsel for the applicants.

Issue notice to non-applicant.

Learned Additional Public Prosecutor waives notice on behalf of non-applicant.

This application is filed for condonation of delay of 38 days caused in filing the appeal against judgment dated 6.10.2016 passed by learned Additional Sessions Judge, Bhandara convicting appellant under Section 307 read with Section 34 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for five years and to pay a fine of Rs.2,000/-, in default, to suffer rigorous imprisonment for one month. It is the case of the applicants that they .....2/-

being in custody since the date of their arrest, could not take necessary steps to prefer the appeal within limitation.

For the grounds mentioned, the application is thus liable to be allowed in the interest of justice. The application is allowed. Delay is condoned.

Office to register the criminal appeal.

Criminal Appeal No.............. of 2017 Heard.

ADMIT.

Call record and proceedings.

Stand over to 8.2.2017.

JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

Uploaded by : Bhushan R.Wankhede.

Uploaded on :- 27/1/2017 (Personal Assistant) ...../-