Akash Lalla Gajanan Ramchaware v. The State Of Maharashtrathr Pso Ps Civil Lines, Akola

59.appa..117.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.117 OF 2025 IN CRIMINAL APPEAL (ST.) NO.973 OF 2025 (Akash @ Lalla s/o Gajanan Ramchaware Vs. State of Maharashtra and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. D. Singh, Advocate for the appellant.

Ms S.S. Dhote, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- FEBRUARY 5, 2025.

By this application, the appellant is seeking condonation of delay of 428 days which is caused in filing appeal under Section 14A(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2.

Learned Counsel for the applicant submitted that in fact the appellant had preferred an appeal under Section 14A of the SC and ST Act which was subsequently withdrawn and now this appeal is preferred, and therefore, delay of 428 days is shown. In fact, there is no such delay and even if there is a delay it is not deliberate one. The appellant has already availed the right by preferring the appeal but subsequently it was withdrawn. Now, there is change in the circumstances, and therefore, the appellant wants to challenge the said order of rejection of the application for grant of bail. There is sufficient and satisfactory reason for condonation of delay.

59.appa..117.25.odt 3.

Learned APP strongly opposed the application on the ground that there is no satisfactory reason for condonation of delay.

4.

I have heard learned Counsel for both the sides and perused the application. There appears to be just and satisfactory reason for condonation of delay. 5.

In view of that, the application deserves to be allowed.

6.

The delay of 428 days is condoned.

7.

The appeal be registered.

CRIMINAL APPEAL (ST.) NO.973 OF 2025 Issue notice to the respondents, returnable after two weeks.

2.

Learned APP waives notice for the State.

(URMILA JOSHI-PHALKE, J.) *Divya