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Bombay High CourtAPPA/203/2024allowed

Komal S/O Gyaniram Kirnapure v. The State Of Maharashtra, Thr. Pso Ps Davniwada Tah. Tiroda Dist. Gondia And Another.

2024-05-08Hon'Ble Justice Urmila Joshi Phalke2 pages

954appa203.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 203 OF 2024 IN CRIMINAL APPEAL STAMP NO. 1579 OF 2024 Komal s/o Gyaniram Kirnapure V/s 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.V. Mahajan, counsel for the appellant.

Mr. A.B.Badar, APP for the respondent/State.

Ms. C.S. Bhute, counsel for the respondent No.2. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 08/05/ 4.

1.

By this application, the applicant/appellant is seeking condonation of delay of 140 days, which is caused in preferring the appeal.

2.

It is submitted by learned counsel for the appellant that, appellant is in jail since his arrest and there is no other family members to arrange for his defence. After rejecting the application by the Special Court, he applied for the certified copy and thereafter preferred the appeal, but delay is caused in preferring the appeal.

3.

For the reasons mentioned in the application, application is allowed. The delay of 140 days is caused in filing the appeal is condoned.

CRIMINAL APPEAL STAMP NO. 1579 OF 2024 1.

Issue notice to the respondents, returnable after Summer Vacation-2024.

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954appa203.2024.odt 2.

Mr. A.B.Badar, learned Additional Public Prosecutor waives service of notice on behalf of respondent/State. 3.

Ms. C.S. Bhute, learned appointed counsel waive service of notice on behalf of respondent No.2. [URMILA JOSHI-PHALKE, J.] rkn