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Bombay High CourtAPPA/315/2021allowed

Rajkumar @ Bandu S/O Sahadeo Selokar v. The State Of Maharashtra, Thr. The Officer In Charge Of Police Station Mohadi, Dist. Bhandara

2021-08-04Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice Amit B. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CRIMINAL APPLICATION (APPA) NO.314/2021 IN CRIMINAL APPEAL NO. /2021.

Rajkumar @ Bandu S/o. Sahadeo Selokar.

Vs.

The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P. H. Khobragade, Advocate for Applicant. Shri S. M. Ghodeswar, A.P.P. for Non-applicant/State. CORAM : V. M .DESHPANDE AND AMIT B. BORKAR, JJ.

DATE : 04/08/2021.

Heard Shri P. H. Khobragade, learned counsel for the applicant.

This is an application for condonation of delay of 592 days in filing criminal appeal to challenge the judgment and order of conviction passed by the learned Additional Sessions Judge, Bhandara dated 16.07.2019 in Sessions Trial No.14/2017.

The applicant is in jail. Since he has not having any means to approach this Court, the High Court Legal Services Sub-Committee, Nagpur has appointed Shri P. H. Khobragade as a counsel to render him the legal services.

4.

After hearing Shri P. H. Khobragade, learned counsel for the applicant; and Shri S. M. Ghodeswar,

learned Additional Public Prosecutor for the non-applicant/ State, we are satisfied that the delay is properly explained. Hence, the criminal application is allowed.

5.

Delay in filing the criminal appeal is hereby condoned. Application is disposed of.

6.

Office to register appeal.

7.

Shri P. H. Khobragade, learned counsel appointed through High Court Legal Services Sub-Committee, Nagpur, is entitled for fees for drafting and arguing the application for delay. Hence, the fees for the counsel appointed are at Rs.750/-.

CRIMINAL APPEAL NO. /2021.

Heard.

ADMIT.

Shri S. M. Ghodeswar, learned Additional Public Prosecutor, waives service for the respondent/State. 4.

Call for record and proceedings.

MISC. CRIMINAL APPLICATION (ST.) NO.2904/2021. This application for suspension of sentence will be considered after the receipt of record and proceedings.

MISC. CRIMINAL APPLICATION (APPA) NO.315/2021. This is an application for dispensing with certified copy of judgment.

The applicant is being represented by the High Court Legal Services Sub Committee, Nagpur through the lawyer. This Court has already called for the record and proceedings. In that view of the matter, the application is allowed.

Filing of certified copy stands dispensed with. JUDGE JUDGE RGurnule