Sanjay S/O Maroti Raut v. State Of Maharashtra Through P.S.O. Asegaon, Washim

appr80.17 10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPR) NO.80 OF 2017 IN CRIMINAL REVISION APPLICATION NO................. OF 2017 Sanjay s/o Maroti Raut ..vs..

State of Maharashtra, through PSO Asegaon, Taluka Mangrulpir, District Washim ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... \ Shri N.R. Tekade, Counsel for the applicant.

Shri I.J. Damle, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : SEPTEMBER 18, 2017.

1.

Heard learned counsel Shri N.R. Tekade for the applicant.

2.

This is an application for condonation of delay for filing the revision. Delay is of 1281 days.

3.

Perusal of the application shows that no sufficient reason is pointed out by the applicant for condoning the delay. 4.

Further, the present revision is against judgment and order of conviction.

5.

The Appellate Court passed order on 31.7.2013. While dismissing the appeal, the Sessions Court has directed learned Magistrate to take steps to arrest the applicant for serving out the jail sentence. Till filing of the application, no .....2/-

appr80.17 10 steps were taken by the applicant for getting any order of bail. 6.

When this matter came up for hearing on 31.8.2017, learned counsel for the applicant submitted before this Court that the applicant will surrender on 1.9.2017 before learned Magistrate. It was made it clear that after the applicant is taken into custody, the present application for condonation of delay will be considered.

7.

Learned counsel for the applicant and learned Additional Public Prosecutor for the State submit that as on today, the applicant has not surrendered himself to the Court of law.

8.

In that view of the matter, the applicant does not deserve any discretion from this Court. Consequently, the criminal application for condonation of delay so also the criminal revision application are rejected.

9.

Learned Magistrate at Mangrulpir is directed to issue immediately warrant of arrest against the present applicant. The Superintendent of Police at Washim is also directed to immediately execute the said Non-Bailable-Warrant. JUDGE !! BRW !!

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