The State Of Maharashtra, Through P.S.O. Duggipar Police Station, Duggipar v. Bhanu @ Bhaskar @ Bhimrao S/O Mangal Bhowte And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) No. 223/2015.

The State of Maharashtra -VERSUSBhanu @ Bhaskar @ Bhimrao Mangal Bhowte and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATE : AUGUST 16, 2016.

Heard Shri S.S. Doifode, learned A.P.P. for the applicant/appellant and Shri H.P. Lingayat, learned Counsel for the non-applicant nos.1, 2 and 7. 2.

Applicant - State Government seeks condonation of delay of 231 days, as its Special Prosecutor who handled Criminal Trial was unwell and therefore, could not pay attention to the matter. Medial certificate issued by Dr. R.N. Deoghare, on 25.02.2015 is relied upon to show the treatment from 15.06.2014 to 31.12.2014.

3.

Learned counsel appearing for the

respondents is opposing prayer for condonation of delay. He points out that certified copy was received on 25.02.2014, and said Special Counsel appeared in other matters at Nagpur and also at Gadchiroli. He is relying upon the reply affidavit.

4.

Except for the contention that learned Counsel who handled the matter appeared before the Court during the aforesaid period, other facts are not denied. Thus, medical certificate for said period has been brought on record. The application for condonation of delay is supported by personal affidavit of the counsel. In this situation, accepting the affidavit, we condone the delay. Criminal Application is allowed and disposed of.

5.

Criminal Appeal be registered and listed for admission on 30.08.2016.

JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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