Bombay High CourtAPPA/266/2022disposed off

Roshan S/O Khemraj Mohatkar v. State Of Mah. Thr. Pso Ps Kelwad Nagpur

2022-06-24Hon'Ble Shri Justice Avinash G. Gharote2 pages

45appa266.22.odt THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 266/2022 Roshan Khemraj Mohatkar ..Versus...The State of Maharashtra and anr - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. H.S.Chavhan, Advocate for applicant.

Mrs. Mayuri Deshmukh, APP for respondent No.1/State Mrs. D.I.Charlewar, Advocate for respondent No.2 assisting prosecution. CORAM : AVINASH G. GHAROTE, J.

DATE : 24/06/2022 Criminal Application (APPA) No. 266 of 2022 seeks condonation of delay in filing appeal against conviction of the appellant under Sections 363, 376(2)(i) of the IPC and Section 5(m) of the POCSO Act by the judgment dated 30.01.2020.

Considering the nature of the offence and the conviction and so also the reasons given in the application and in order to afford an opportunity to the appellant to contest the conviction on merits, though the same is opposed by the learned APP with the assistance of Mrs.Charlewar, appointed counsel for respondent No.2, the application is allowed. The delay is condoned. Application stands disposed of.

Office to register the appeal.

Mr. Chavhan, learned counsel for the appellant

45appa266.22.odt orally prays for addition of victim as Respondent No.2. Leave is granted.

The addition be carried out today itself.

Upon the same being done issue notice returnable on 6.7.2022.

Learned APP shall ensure service of notice upon Respondent No.2, during the aforesaid time.

List the matter on 6.7.2022.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: