Babulal S/O Chamru Naitam v. State Of Mah. Thr. Pso Ps Korchi Dist.Tgadchiroli

9 APPA 391.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CRIMINAL APPLICATION (APPA) NO.391 OF 2021 IN CRIMINAL APPEAL NO. OF 2021 Babulal S/o Chamru Naitam Vs.

The State of Maharashtra, through the P.S.O., P.S. Korchi, Dist. Gadchiroli __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.C. Jaltare, Advocate for the applicant/appellant. Shri V.A. Thakare, A.P.P. for the respondent - State. CORAM : V.M. DESHPANDE AND AMIT B. BORKAR, JJ. DATE : 30th JULY, 2021.

1.

This is an application for condonation of delay in preferring the appeal to challenge the judgment and order of conviction passed by learned Sessions Judge, Gadchiroli in Sessions Case No.26 of 2017, whereby the applicant is convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860, and is directed to suffer life imprisonment.

2.

Heard Shri A.C. Jaltare, learned counsel for the applicant and Shri V.A. Thakare, learned Additional Public Prosecutor for the non-applicant/State.

3.

Learned counsel for the applicant submits that there is a delay of 499 days.

9 APPA 391.2021 4.

Though there is delay of 499 days, in our view, that should not be an impediment for the applicant to challenge the order of sentence to suffer life imprisonment. In that view of the matter, we allow this application. Delay in filing the appeal stands condoned. Office to register the appeal. 5.

The Criminal Application stands disposed of accordingly.

CRIMINAL APPEAL NO. OF 2021 1.

Heard.

2.

Admit.

3.

Shri V.A. Thakare, learned Additional Public Prosecutor waives service for the respondent. JUDGE JUDGE C.L.Dhakate