State Of Maharashtra, Through Range Forest Officer, Pusad, Yavatmal v. Vasantrao Bapurao Deshmukh And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.143 OF 2015 IN CRIMINAL APPEAL NO. OF 2015 (The State of Maharashtra vs. Vasantrao Bapurao Deshmukh and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri H.D. Dubey, Additional Public Prosecutor for applicant.

--------- CORAM : P.N. DESHMUKH, J.

DATED : APRIL 19, 2017 Heard Shri Dubey, learned Additional Public Prosecutor for applicant.

Application against respondent no.6 is already dismissed while respondent no.10 is deleted. None for other respondents though served.

This is an application for condonation of 36 days' delay caused in filing appeal against acquittal of respondents by learned Judicial Magistrate, First Class, Pusad in Criminal Case No.114/1991 of the offence punishable under Section 26(1)(a), (e) and (f) of Indian Forest Act and Section 379 read with Section 34 of Indian Penal Code.

For the grounds mentioned in para 5 of the application and as it appears that applicant was required to carry out certain formalities before preferring present application, due to which delay was caused, which does not appear to be intentional, application is liable to be allowed. Even otherwise, by condoning delay, at the

1904appa143.15 2/2 most matter would be decided on merits instead of being rejected on mere technicality.

In the circumstances, application is allowed. Delay of 36 days caused in preferring appeal is condoned.

Office to register appeal.

CRIMINAL APPEAL NO. OF 2015 Issue notice to respondent nos.1 to 5, 7, 8, 9, 11, 12 and 13, returnable on 14/6/2017.

JUDGE khj