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Bombay High CourtAPPA/212/2024allowed

Mangesh Janrao Tayde v. The State Of Maharashtra Thr. Pso Ps Borgaon Manju Tq. And Dist.Akola

2024-02-27Hon'Ble Shri Justice M. W. Chandwani2 pages

1 21appa212.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.212 OF 2024 [DELAY] IN CRIMINAL APPEAL ST. NO.1419 OF 2024 [Mangesh Janrao Tayde (In Jail) .vs. The 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.S. Londhe, Advocate for applicant, Ms. Kavita Bhondge, APP for respondent.

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C ORAM : M.W. CHANDWANI, J.

D ATE : 27/02/2024 .

By the present application, the applicant is seeking condonation of delay of 70 days in preferring Criminal Appeal.

2.

The contention is that the applicant is in jail and poor person. Therefore, he could not engage the lawyer earlier. The appeal is statutory right and, therefore, the substantive sentence cannot be denied on technical grounds.

3.

For the reasons mentioned in the application, the application is allowed and the delay is hereby condoned. Accordingly, the application is disposed of. Appeal be registered.

2 21appa212.24.odt CRIMINAL APPEAL NO. OF 2024 1.

Heard.

2.

Admit.

3.

Issue notice to the respondent, returnable within two weeks.

4.

Learned APP waives notice on behalf of the respondent-State.

5.

Call record and proceedings.

CRIMINAL APPLICATION [APPA] ST. NO.1421 OF 2024 1.

Learned APP seeks time to file reply.

2.

Stand over after two weeks.

(M.W. Chandwani, J.) Gulande