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Bombay High CourtAPPA/230/2023allowed

Rahul @ Andha S/O Vasanta Chaware v. State Of Mah. Thr. Pso Ps Wardha (City) Tah. And Dist.Wardha And Another

2023-03-03Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Valmiki Menezes2 pages

7 APPA-230-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.230 OF 2023 [Rahul @ Andha S/o. Vasanta Chaware ..V/s.. State of Maharashtra and Anr.] ___________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. B. Shende, Advocate for Applicant.

Ms N. Tripathi, Addl. P. P. for Non-Applicant No.1/State. CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATE : 3 rd MARCH , 202 3 .

.

Heard.

2.

This is an application seeking condonation of delay of 88 days caused in filing an appeal in terms of Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order of rejection of regular bail application dated 16.08.2022.

3.

It has been submitted that since the appellant was in jail and for financial constraints, he was unable to file an appeal within stipulated period. The matter pertains to personal liberty of individual. Therefore, for the reasons stated in the application, the application is allowed and delay of 88 days stands condoned. Appeal be registered and numbered accordingly. 4.

Application is disposed.

CRIMINAL APPEAL (STAMP) NO.1358 OF 2023.

5.

Heard.

7 APPA-230-2023 6.

Issue notice to the respondents, returnable after two weeks. Learned Additional Public Prosecutor waives notice on behalf of respondent No.1/State.

7.

The State to ensure service of notice on respondent No.2 on or before next date.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE