Bombay High CourtAPPA/248/2023allowed

Rupchand S/O Dilip Shende v. State Of Mah. Thr. Pso Ps Bhandara Tah. And Dist.Bhandara And Another

2023-02-28Hon'Ble Shri Justice Anil L. Pansare2 pages

APPA.248.23+

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

CRIMINAL APPLICATION (APPA ) NO. 248/2023 IN CRI.APPEAL (ST) NO. 1664/2023 & APPA (ST)No.1666/2023 Rupchand s/o Dilip Shende .. Applicant versus The State of Maharashtra Th: Its PSO PS Bhandara and another ..Respondents ............................................................................................................. Mr.V.B. Gawali, Advocate for the applicant Mr. NR.Rode, APP for Respondent No.1 ..............................................................................................................

CORAM

: ANIL L. PANSARE, J.

DATE D : 28th February, 2023.

PC:

CRI.APPA.248/2023 Heard. By the present application, the applicant is seeking condonation of delay of 94 days in filing the Appeal against conviction. The applicant has been convicted by the judgment and order dated 19.09.2022 passed by learned Special Judge (POCSO Act) Bhandara in Spl. Criminal Case No.40/2019, for the offences punishable u/ss. 376(2) (h) of the Indian penal Code and Sections 5(j), (ii) as well as 5(1) of the Protection of Children from Sexual Offences Act. Learned APP for Respondent no.1 has opposed the application.

The learned counsel for the applicant submits that the applicant is in jail and has restriction to communicate with his relatives and, as such, could not give instructions in time. In view of the above and for the reasons set out in the

APPA.248.23+ application, the Application is allowed. The delay of 94 days caused in filing the present appeal is hereby condoned. The Appeal be registered. C RI.APPEAL (ST) No. 1664/2023 Heard.

Admit.

Call R & P.

The R & P be furnished in hard copy as well as soft copy. Learned APP waives service on behalf of the Respondent No.1State. CRI.APPA.(ST) NO. 1666/2023 Issue notice to the non-applicants, returnable on 14.03.2023. Learned APP waives notice for non-applicant No.1. [ANIL L. PANSARE, J.] sahare BHAGWANTRAO SAHARE Location: