Amol S/O. Rameshrao Pangul v. Naresh Baliram Suryawanshi

2024:BHC-NAG:8142 55.appa.638.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.638 OF 2023 IN CRIMINAL APPEAL (ST.) NO.2137 OF 2023 (Amol s/o Rameshrao Pangul Vs. Naresh Baliram Suryawanshi) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. K.K. Khanorkar, Advocate for the appellant. Mr. A.H. Joshi, Advocate for the respondent.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JULY 29, 2024.

Heard.

2.

By this application, the appellant is seeking condonation of delay of 5 days which is caused in preferring the appeal.

3.

Learned Counsel for the appellant has applied for the certified copy and thereafter he handed over the case papers to his Counsel but he was under the impression that certified copy is received on 13/01/2023 and the limitation period will start from 14/01/2023, therefore, the delay of 5 days is caused.

4.

Learned Counsel for the respondent strongly opposed the application on the ground that there is no sufficient and reasonable caused for condonation of delay. 5.

I have heard learned Counsel for both the parties and perused the application. The reason mentioned in the application appears to be reasonable and

55.appa.638.23.odt satisfactory one. In view of that, the application deserves to be allowed.

6.

Hence, the application is allowed.

7.

The delay of 5 days is hereby condoned.

8.

The application for leave to file appeal be registered.

9.

On registration of the said application, notice be issued to the respondent.

10.

Mr. A.H. Joshi, learned Counsel waives notice for the respondent.

11.

Place the matter before the Court after four weeks.

(URMILA JOSHI-PHALKE, J.) *Divya