Roshan S/O. Channulal Lilhare (In Jail) v. State Of Maharashtra Thr. P.S.O., P.S. Gittikhadan, Nagpur

2502appa140.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.140 OF 2019 (Roshan s/o Channulal Lilhare vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri B.K. Meshram, Advocate and Shri P.P. Jamnik, Advocate for applicant/appellant.

Shri A.D. Sonak, Additional Public Prosecutor for respondent.

------- CORAM : P.N. DESHMUKH AND ROHIT B. DEO, JJ.

DATED : FEBRUARY 25, 2019 Notice to respondent.

Shri Sonak, learned Additional Public Prosecutor waives notice for respondent.

Heard learned Counsel for the parties.

This application is for condonation of 162 days' delay caused in preferring appeal against judgment dated 28/6/2018 passed by Principal District and Sessions Judge, Nagpur in Sessions Trial No. 393/2015 whereby applicant came to be convicted for the offences punishable under Sections 302 and 201 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.5000/- and in default, to suffer rigorous imprisonment for six months for the offence punishable under Section 302 of Indian Penal Code and to suffer rigorous imprisonment for two years and to pay fine of Rs.2000/- and in default, to suffer rigorous

2502appa140.19 2/2 imprisonment for two months for the offence punishable under Section 201 of Indian Penal Code.

For the grounds mentioned in the application, delay caused is found satisfactorily explained and hence, the same is condoned. The application is accordingly allowed.

CRIMINAL APPEAL NO. OF 2019 Heard learned Counsel for the parties.

Admit.

Call R & P.

CRIMINAL APPLICATION NO. OF 2019 Notice to respondent.

Shri Sonak, learned Additional Public Prosecutor waives notice for respondent and seeks time to file affidavit-in-reply.

Stand over to 11/3/2019.

JUDGE JUDGE khj