Rahul @ Pintu S/O Bhimraoji Lambghare v. State Of Maharashtra Thr Pso. Ps. Katol, Nagpur

2025:BHC-NAG:2896 62appa257.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) STAMP NO. 1906 OF 2025 IN CRIMINAL APPLICATION (APPA) NO. 257 OF 2025 IN CRIMINAL APPEAL STAMP NO. 1903 OF 2025 Rahul @ Pintu s/o Bhimraoji Lambghare Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Saurabh Yerawar, counsel for applicant.

Mr. C.A. Lokhande, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/03/2025.

1.

Application for seeking suspension of sentence and releasing the applicant on bail.

2.

After hearing learned counsel for the applicant to some extent and after going through the evidence on record, I have shown my disinclination to suspend the sentence, learned counsel for applicant seeks permission to not press the application.

3.

The criminal application is disposed of as not press. CRIMINAL APPLICATION (APPA)No. 257/2025 1.

This is an application for condonation of delay on the ground that the applicant is behind bar and there is nobody to arrange for his defence and therefore, he could not approach the counsel and prefer an appeal within time. 2.

Thus, there is sufficient and reasonable cause for condonation of delay.

rkn

62appa257.2025.odt 3.

Learned APP strongly opposed for the said application on the ground that delay is not properly explained.

4.

After hearing both sides and on perusal of the application, it appears that applicant is behind bar since 2017, he is only having old aged mother, and there was nobody to look after for his defence. Therefore, delay of 316 days is caused which appears to be reasonable and justifiable one. In view of that, I proceed to pass the following order.

a] The delay of 316 days in filing the appeal is condoned.

b] The criminal application is disposed of.

CRIMINAL APPEAL STAMP NO. 1903 OF 2025 1.

Heard.

2.

Admit.

3.

Call for record and proceedings.

4.

Learned APP waives service of notice on behalf of respondent/State.

5.

The office shall verify the paper-book from the original record and proceedings, and after verification, appeal be listed for final disposal.

[URMILA JOSHI-PHALKE, J.] rkn