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Bombay High CourtAPPA/423/2021disposed off

Dharmendra S/O Sopan Kamble v. State Of Mah. Thr. Pso Dongaon Dist.Buldhana

2021-08-06Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice Amit B. Borkar2 pages

12. Misc.Cri.APPA No.423.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CRIMINAL APPLICATION (APPA) NO.423/2021 IN CRIMINAL APPEAL NO. /2021.

Dharmendra S/o. Sopan Kamble 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. Ms M. A. Barabde, A.P.P. for Non-applicant/State. CORAM : V. M .DESHPANDE AND AMIT B. BORKAR, JJ.

DATE : 06/08/2021.

1.

This is an application for condonation of delay in preferring appeal challenging the judgment and order of conviction passed in Special (POSCO) Case No.189/2019 dated 20.01.2021 by the learned Special Judge, Mehkar, District Buldana. The delay is of 95 days.

2.

Heard Shri P. H. Khobragade, learned counsel for the applicant, appointed by the High Court Legal Services Sub-Committee, Nagpur and Ms M. A. Barabde, learned Additional Public Prosecutor for the respondent/State.

3.

For the reasons stated in the application, the application is allowed. Delay in filing the criminal appeal is hereby condoned.

4.

The application is disposed of.

12. Misc.Cri.APPA No.423.21 5.

Office is directed to register appeal.

6.

Shri P. H. Khobragade, learned counsel appointed through the High Court Legal Services Sub-Committee, Nagpur, is entitled for Rs.750/- as his professional charges for drafting and arguing the application for condonation of delay.

CRIMINAL APPEAL NO. /2021.

1.

Heard.

2.

ADMIT.

3.

Ms M. A. Barabde, learned Additional Public Prosecutor, waives service for the respondent/State. 4.

Call for record and proceedings.

MISC. CRIMINAL APPLICATION NO. /2021. This application for suspension of substantive jail sentence will be considered after receipt of the record and proceedings.

JUDGE JUDGE RGurnule