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Bombay High CourtAPPA/498/2024disposed off

Bipin @ Jacky S/O Rampal Vishwakarma v. The State Of Maharashtra Thr. Pso Pachpaoli Nagpur And Another

2024-05-09Hon'Ble Justice Urmila Joshi Phalke2 pages

2024:BHC-NAG:5607 1 924-Cri.APPA No.498.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.

OF IN CRIMINAL APPEAL (St.) NO. 4113 OF 2024 Bipin @ Jacky S/o Rampal Vishwakarma ..VS..

State of Maharashtra through PSO, Pachpaoli, Nagpur and another --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. N.D. Dawda, Advocate for applicant/appellant. Ms. Ritu Sharma, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09 th MAY, 2024 By this application, the applicant/appellant is seeking condonation of delay of 121 days, which is caused in preferring the appeal under Section 14(A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

2.

Learned Counsel for the appellant submitted that the appellant is behind bar and there is nobody to arrange for his defence and, therefore, after rejection of the application, he could not contact to his Counsel and prefer the appeal therefore, delay of 121 days is caused. 3.

Learned APP strongly opposed the said application on the ground that there is no satisfactory grounds to condone the delay.

2 924-Cri.APPA No.498.2024 4.

Considering the appellant is behind bar and he could not arrange for his defence and, therefore, delay is caused, which appears to be sufficient and satisfactory reason. In view of that delay of 121 days is condoned. 5.

The Criminal Application (APPA) No.498 of 2024 is disposed of. Appeal be registered.

CRIMINAL APPEAL (St.) NO. 4113 OF 2024 1.

Learned APP waives service of notice on behalf of respondent No.1.

2.

Issue notice to respondent No.2.

3.

Stand over after Summer Vacation.

(URMILA JOSHI-PHALKE, J.) Kirtak