Amit Chandrabhan Kokurde v. The State Of Mah. Thr. Pso Bela Dist.Nagpur And Another

(1) appa657.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.657/2023 Amit Chandrabhan Kokurde Vs. State of Maharashtra and anr. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Yash Khullarwar, Advocate for applicant.

Mrs. M. H. Deshmukh, A.P.P. for non applicant no.1-State. Ms C. Bhute, Advocate appointed for non applicant no.2. CORAM :

ANIL L. PANSARE, J.

DATE : 29.08.2023 By the present application, the applicant is seeking to condone the delay of 4 days in filing appeal against judgment and order dated 13.03.2023, passed by learned Additional Sessions Judge, Nagpur in Special Criminal (Child) Case No. 315/2018, thereby convicting the applicant for the offence punishable under Sections 363 and 376(3). The maximum sentence awarded to the applicant is to undergo twenty years rigorous imprisonment.

Learned counsel for the applicant submits that the applicant is in jail and has no means to engage an advocate. He has been recently engaged by the applicant and, thereafter, immediately the present application has been moved.

The applicant is convicted by the trial Court. This being the appeal under Section 374(2) of the Criminal Procedure Code, 1973, the convict has right to

(2) appa657.23 assail the judgment of conviction before the appellate court.

In view of above and for the reasons set out in the application, the application is allowed. Registry to register the appeal and process accordingly.

The application is disposed of.

Criminal Appeal St. No.4118/2023 Heard.

Admit.

Call record and proceedings.

Learned A.P.P. waives service of notice for the respondent no.1 - State.

Ms Bhute, learned counsel waives service of notice for respondent no.2.

Criminal Application No. 673/2023 Heard.

Issue notice to the non applicant, returnable on 12.09.2023.

Learned A.P.P. waives service of notice for the non applicant no.1 - State.

Ms Bhute, learned counsel waives service of notice for non applicant no.2.

(Anil L. Pansare, J.) Kahale