Bombay High CourtAPPA/427/2018allowed

Shatrughna S/O Dharmu Madavi v. State Of Mah. Through Police Officer, P.S. Wani

2018-09-21Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2109appa427.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.427/2018 IN CRIMINAL APPEAL NO. /2018 Shatrughna s/o Dharmu Madavi ...Versus...

State of Maharashtra, through Police Officer, Police Station, Wani, Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Sonali Saware/Gadhawe, Counsel (appointed) for applicant Shri Amit Chutke, APP for respondent CORAM : R.K. DESHPANDE AND ARUN D. UPADHYE, JJ.

DATE : 21/09/2018 In view of the order dated 7/9/2018 passed by this Court, the office has verified and it is expressed that the paper-book filed in Criminal Appeal No.466/2017 can be treated as a paper-book filed in this appeal also. However, statement under Section 313 of the Code of Criminal Procedure of the accused recorded in the appeal will have to be seen from the original record which is available before this Court.

In view of above, the paper-book filed in Criminal Appeal No.466/2017 is treated as a paper-book filed in this appeal.

2109appa427.18.odt Notice was issued on the application for condonation of delay of 297 days caused in filing the appeal challenging the conviction recorded by the Sessions Court for the offence punishable under Sections 302, 301 read with 34 of Indian Penal Code.

After going through the averments made in the application which remain uncontroverted, we are satisfied that sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned. The criminal application stands disposed of.

CRIMINAL APPEAL NO. /2018 Heard.

ADMIT.

Call for record and proceedings.

Learned Additional Public Prosecutor Shri Amit Chutke waives service of notice for the respondent. Place this matter for final hearing by consent of the parties on 04/10/2018.

(Arun D. Upadhye, J.) (R.K. Deshpande, J.) by Shailendra Sukhadeorao Wadkar Date: 2018.09.24 17:57:53 +0530 Wadkar, P.S.

Shailendra Sukhadeorao Wadkar