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Bombay High CourtAPPP/651/2020allowed

Nilesh S/O Manohar Kamble v. State Of Mah. Thr. Pso Ps Msedcl, Nagpur

2021-01-14Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1401appp651.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) NO. 651 OF 2020 AND CRIMINAL APPLICATION (APPA) NO. 443 OF 2020 IN CRIMINAL APPLICATION (APPP) NO. 590 OF 2014 (Nilesh s/o Manohar Kamble vs. State of Maharashtra thr. PSO, MSEDCL PS, Nagpur) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Roshan R. Prajapati, Advocate for the applicant. Shri M.J. Khan, APP for the non-applicant - State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 14, 2021.

Heard Shri Prajapati, learned counsel for the applicant and Shri Khan, learned APP for the nonapplicant - State. 2.

The applicant/ appellant is convicted under Section 135 of the Electricity Act, 2003. He preferred Appeal against conviction before this Court. However, for non-removal of office objections, the Appeal came to be dismissed by this Court.

3.

It is stated that the earlier counsel for the applicant was not giving proper update of the matter and even on 30.05.2016, when the respondent had started special drive for settlement of electricity theft

1401appp651.20 cases, the applicant was not advised properly, therefore, so much delay occurred.

4.

Considering the reasons mentioned in the applications and Appeal being against the conviction, both the applications are allowed. Delay is condoned and Criminal Appeal is restored to file. 5.

List Criminal Appeal for final hearing.

JUDGE *GS.