Ajay S/O Nagorao Uikey v. State Of Maharashtra Through Police Station Officer, Ps. Deori And ANR.
10.appa.345.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.345 OF 2025 IN CRIMINAL APPEAL (ST.) NO.3016 OF 2025 (Ajay s/o Nagorao Uikey Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. R.D. Wakode, Advocate for the applicant.
Ms S.S. Dhote, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- JUNE 13, 2025.
By this application, the applicant is seeking condonation of delay which is caused in preferring the appeal.
2.
As per the reason mentioned in the application, the applicant is from the poor family and due to the economic crisis he could not approach to the Counsel and prefer an appeal. Therefore, the delay of 668 days is caused.
3.
Learned APP strongly opposed the application on the ground that the reasonable and justifiable reason is not mentioned in the application. In view of that, the application deserves to be rejected.
4.
Considering the grounds raised in the
10.appa.345.25.odt application and considering the fact that the appellant is behind bar and there was no other earning male member in the family who can prosecute the appeal on his behalf, and therefore, the delay is caused. Considering the reasons which appears to be reasonable and satisfactory one, the application deserves to be allowed. Accordingly, I proceed to pass the following order:
(i) The application is allowed.
(ii) The delay of 668 days be condoned.
(iii) The application stands disposed of.
(iv) Appeal be registered.
CRIMINAL APPEAL (ST.) NO.3016 OF 2025 On registration of the appeal, notice issued to the respondents.
2.
ADMIT.
3.
Learned APP waives notice for the State.
4.
Call for R. & P.
5.
The appeal be listed after receipt of R. & P. for hearing the application of suspension of sentence. (URMILA JOSHI-PHALKE, J.) *Divya