Akshay S/O Anil Pendor v. The State Of Maharashtra Thr. Pso Sakkardara Nagpur

1 26appa294.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.294 OF 2024 [DELAY] IN CRIMINAL APPEAL ST. NO.2310 OF 2024 [Akshay s/o Anil Pendor (In Jail) .vs. 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. A.G. Hunge, Advocate for Applicant-Appellant, Ms. Prachi Joshi, APP for Respondent-State.

.........

C ORAM : M.W. CHANDWANI, J.

D ATE : 14/03/2024 .

By this application, the applicant is seeking condonation of delay of 138 days in filing the criminal appeal.

2.

Issue notice to the respondent-State.

3.

Learned APP waives notice for the respondentState. 4.

The contention is that there is delay of 138 days in fling the criminal appeal. The applicant is poor person. There was nobody to provide financial aid to him to file the appeal and, therefore, the applicant could not file the appeal within time.

5.

Considering the above position coupled with the fact that the filing of appeal is statutory right of the

2 26appa294.24.odt applicant, the application is allowed. The delay is hereby condoned. Accordingly, the application is disposed of. Appeal be registered.

CRIMINAL APPEAL NO. OF 2024 1.

Heard.

2.

Admit.

3.

Issue notice to the respondent-State, returnable within two weeks.

4.

Learned APP waives notice on behalf of the respondent-State.

CRIMINAL APPLICATION [APPA] ST. NO.2311/2024 1.

Learned APP seeks time to file reply.

2.

Stand over after two weeks.

(M.W. Chandwani, J.) Gulande