Dinesh Mahadeorao Kolhe v. Prakash Rambhauji Warghane

appa474.18 5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.474/2018 Dinesh Mahadeorao Kolhe ..vs..

Prakash Rambhauji Warghane ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Ms Apoorva Dipak Kolhe, Counsel for the applicant. Shri Prashant Khobragade, Counsel for the non-applicant.

CORAM

: V.M.DESHPANDE, J.

DATED : FEBRUARY 12, 2019.

1.

This is an application for condonation of delay in filing an appeal against acquittal. Delay is of 37 days. 2.

Proceedings filed on behalf of the applicant culminated into acquittal of the non-applicant under Section 256 of the Code of Criminal Procedure.

3.

I have heard learned counsel Ms Kolhe for the applicant and learned counsel Shri Prashant Khobragade for the non-applicant. Also, I have perused reply filed on behalf of the non-applicant.

4.

After hearing learned counsel for the applicant and learned counsel for the non-applicant and after perusing respective pleadings, I am of the view that the applicant has made out a case for condonation of delay.

5.

Hence, the application is allowed. The delay is condoned. Office is directed to place the application seeking leave to file appeal against acquittal after two weeks. .....2/-

appa474.18 5 6.

The criminal application stands disposed of accordingly.

JUDGE !! BRW !!

...../-