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Bombay High CourtAPPA/518/2021disposed off

Sanjay Gangaram Avathare And Another v. The State Of Maharashtra, Thr. Pso Police Station Sironcha, Tah. Sironcha, Dist. Gadchiroli

2021-10-25Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

4.Cri.APPA No.518.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.518/2021 IN CRIMINAL APPEAL (ST.) NO.6036/2021 Sanjay Gangaram Avathare and Anr. Vs. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. V. Sirpurkar, Advocate for Appellants/Applicants. Shri S. M. Ghodeswar, A.P.P. for Respondent/Non-applicant/State. CORAM : M. S. SONAK AND PUSHPA V. GANEDIWALA , J J .

DATE : 25/10/2021 .

1.

Heard learned Counsel for the parties.

2.

We have perused the application seeking condonation of delay. Though, the delay appears to be of 216 days, sufficient cause has been shown to explain the same. The matter was initially filed before the learned Single Judge. There is a reference to the extended period of limitation by the Hon'ble Supreme Court as well. Besides, this is the case, which is concerned with the liberty.

3.

On cumulative consideration of all these factors, the delay in filing the appeal is hereby condoned. 4.

The application is disposed of with the above terms.

CRIMINAL APPEAL (ST.) NO.6036/2021 1.

Issue notice to the respondent, returnable on 16.11.2021.

4.Cri.APPA No.518.21 2.

Shri S. M. Ghodeswar, learned Additional Public Prosecutor waives service on behalf of the respondent/State. 3.

If the respondent wishes to file reply in this case, the same may be filed on or before next date by giving advance copy to the learned Counsel for the appellant. PUSHPA V. GANEDIWALA, J.

M. S. SONAK, J.

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