Suresh Madhukar Shendre v. State Of Mah.Thr. P.So. P.S. Nagbhid, Chandrapur

1 appa447.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 447/2019 IN CRIMINAL APPEAL NO. /2019 Suresh M. Shendre ..VS..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Daruvala, Advocate for the applicant/appellant Shri A.M. Balpande, APP for the non-applicant/respondent CORAM : Z.A.HAQ & VINAY JOSHI, JJ.

DATED : 29/04/2019 Heard.

Appellant - accused prayed for condonation of delay of 584 days caused in filing regular appeal to challenge his conviction under Section 302 of the Indian Penal Code. Appellant has canvassed that he is in jail and during meantime, he has misplaced copy of judgment. We find that appellant has made out sufficient case to condone the delay and particularly as he is in jail. Hence, delay caused in filing appeal under Section 374 of the Code of Criminal Procedure stands condoned.

Criminal application is allowed accordingly.

2 appa447.19 CRIMINAL APPEAL NO. /2019 Heard.

ADMIT.

Shri A.M. Balpande, APP waives notice for respondent/State.

Call R. & P.

JUDGE JUDGE Ansari