Pawankumar Fakirchand Uike v. The State Of Maharashtra Through Pso Sub Ps Repanpalli Dist. Gadchiroli

1 appa221.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (AP PA ) NO.

/2024 IN CRIMINAL APPEAL STAMP NO.1 5/2024 (Pawankumar Fakirchand Uike V/s. 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. R.M. Daga, Counsel for the applicant.

Mr. J.Y. Ghurde, A.P.P. for the non-applicant.

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ .

DATED :

23.2.2024.

Heard.

2.

This an application for seeking condonation of delay of 215 days caused in filing appeal under Section 21(4) of the National Investigation Agency Act, 2008 challenging the order of rejection of bail for the offence punishable under Section Unlawful Activities (Prevention) Act, 1967.

3.

The applicant would submit that since arrest he is in jail and due to financial constrains he was not in a position to take proper advice and file appeal. 4.

Learned A.P.P. has not pointed out any substantial reason for denial of this application. Apart from that the right to liberty is involved in the proceeding. Having regard to said aspect and since the applicant was captivated in jail we deem it as a sufficient reason and, therefore, condone the delay. Application stands disposed of.

2 appa221.2024 CRIMINAL APPEAL STAMP NO.1645/2024 5.

Heard.

6.

Admit.

7.

Issue notice to the respondent returnable in four weeks.

8.

Mr. J.Y. Ghurde, learned A.P.P. waives notice for the respondent.

(MRS.VRUSHALI V.JOSHI, J.) (VINAY JOSHI, J.) Tambaskar.