Mukesh S/O Narayan Shende v. The State Of Maharashtra Thr. Pso Salekasa, Ps Salekasa, Tq. Salekasa, Dist. Gondia (Ms)

2024:BHC-NAG:4356 33 APPA-383-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.383 OF 2024 I N CRIMINAL APPEAL (ST) NO.3138 OF 2024 [Mukesh Narayan Shende ..Vs.. State of Maharashtra] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms S. S. Shivrekar, Advocate for Applicant.

Mr S. Hulke, APP for Non-Applicant/State.

CORAM : M. W. CHANDWANI, J.

DATE : 16 th APRIL , 202 4 .

.

Heard learned counsel for applicant as well as learned Additional Public Prosecutor for non-applicant/State. 2.

By this application, the applicant is seeking condonation of delay of 281 days caused in preferring the appeal. 3.

The contention is that the applicant, from the date of his arrest, is behind the Bar. The further contention is that due to poor financial condition of the applicant, he could file the appeal within the prescribed period of limitation of 60 days. 4.

Considering the fact that the criminal appeal is a statutory right and for the reasons mentioned in the application, the delay of 281 days caused in filing the appeal is condoned. The application is allowed and disposed of. 5.

The appeal be registered and numbered accordingly. CRIMINAL APPEAL (ST) NO.3138 OF 2024.

6.

Heard.

7.

Admit.

TAMBE

33 APPA-383-2024 8.

Call for record and proceedings.

9.

Mr S. Hulke, learned APP, waives notice on behalf of respondent/State.

CRIMINAL APPLICATION (APPA ST) NO.3139 OF 2024. 10.

On the request of learned Additional Public Prosecutor, stand over after two weeks for filing reply.

(JUDGE) TAMBE