Sayyad Asif Ali Sayyad Ali v. State Of Maharashtra Thr Pso Ps Mankapur Nagpur

(1) 902appa614.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.614/2025 (Delay) IN CRIMINAL APPEAL STAMP NO. 1033/2025 Sayyad Asif Ali Sayyad Alki and Ors. .Vs. State of Maharashtra --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. C. Jaltare, Advocate for applicants.

Ms R. Sharma, A.P.P. for non applicant - State. CORAM :

ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ.

DATE :

SEPTEMBER 3, 2025 By present application, applicants seek condonation of delay of 59 days in filing appeal against judgment and order dated 09.09.2024 passed in Sessions Case No.360/2020, thereby convicting the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860.

2.

Counsel for the applicants submits that the reason for delay is, delay in procuring the documents due to restrictions of movement as also the financial crisis suffered by the applicants. The learned counsel further submits that the applicants have a good case on merit.

3.

Learned A.P.P. has opposed the application contending that the delay has been not properly explained. 4.

In our view, the applicants appear to have some financial difficulties to proceed further. They belong to a poor strata of the society. Further, this is the first appeal, which is the right of the applicants. We, therefore, deem it appropriate to condone the delay.

(2) 902appa614.25 5.

Accordingly, the application is allowed. Delay of 59 days in filing the appeal is condoned. Appeal be registered. The application is disposed of in the above terms. Criminal Appeal Stamp No. 1033/2025 Heard.

2.

Admit.

3.

Call record and proceedings.

4.

Learned A.P.P. waives service of notice for respondentState. (Siddheshwar S. Thombre, J.) (Anil L. Pansare, J.) Kahale