Sumit Merugwar v. State Of Maharashtra Thr Pso Sindewahi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.13 OF 2025 IN CRIMINAL REVISION APPLICATION (ST.) NO.639 OF 2025 (Sumit Ashok Merugwar Vs. The State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms R. Swami, Advocate h/f Mr. R.M. Tahaliyani, Advocate for the applicant.

Ms R.V. Sharma, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JANUARY 28, 2025.

Heard.

2.

By this application, the applicant is seeking condonation of delay of 677 days which is caused in preferring the revision application against the judgment passed by the Additional Sessions Judge, Chandrapur in Criminal Appeal No.95/2018 by which the conviction imposed by the Judicial Magistrate First Class, Sindewahi is confirmed by the Sessions Judge.

3.

It is contended by the learned Counsel for the applicant that the applicant was facing financial crisis, and therefore, he could not engage the Counsel, and therefore, delay is caused. If delay is not condoned, the valuable right of the present applicant to challenge the order would be affected, and therefore, delay be condoned and the applicant be permitted to litigate his cause on its own merits.

4.

Learned APP strongly opposed the application and submitted that there is no sufficient and reasonable cause for condonation of delay. Hence, the application deserves to be rejected.

5.

I have heard learned Counsel for both the sides. Considering the reasons mentioned in the application that due to the financial crisis, the applicant could not engage the Counsel and preferred a revision within time appears to be reasonable and just cause; however, considering there is inordinate delay in filing the revision application, some costs requires to be imposed. In view of that, the application deserves to be allowed subject to the costs of Rs.2000/-. Hence, I proceed to pass the following order:

(i) The application is allowed.

(ii) The delay of 677 days is condoned subject to the costs of Rs.2000/-.

(iii) The amount of costs be paid to the Government Pleaders' Library, Nagpur within two weeks.

6.

The application is disposed of.

CRIMINAL REVISION APPLICATION (ST.) NO.639 OF 2025 Heard.

2.

Learned Counsel for the applicant shall serve the copy of the revision application to the learned APP.

3.

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

4.

Learned APP waives notice for the State.

(URMILA JOSHI-PHALKE, J.) *Divya