Raj Esh S/O Raghunath Pandit, v. State Of Mah. Thr. Thr. Pso. Ps Murtizapur Tq. Murtizapur Dist. Akola.

1 12.appr.207.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPR) NO. 207 OF 2023 I N CRIMINAL REVISION APPLICATION (REVN) (STAMP) NO. 5211 OF 2023 Rajesh S/o. Raghunath Pandit .VS.

State of Maharashtra , PSO Murtizapur, Distt Akola. _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr M. V. Rai, Advocate for the applicant Ms Mayuri Deshmukh, APP for the State CORAM :

G.A. SANAP, J.

DATE :

JULY 04, 2023.

Heard.

2.

Issue notice to the non-applicant.

3.

Learned APP waives service of notice on behalf of non-applicant/State.

4.

This is an application for condonation of delay caused for filing the revision application against judgment and order dated 22.12.2021 passed by the learned Additional Sessions Judge, Akola in appeal filed by the applicant against the conviction and sentence for the offence punishable under Sections 324, 452 read with Section 34 of the Indian Penal Code.

5.

The applicant was taken in custody on the date of

2 12.appr.207.2023 the judgment. It is stated in the application that since he was taken in custody, he has been in jail. Therefore, he could not file the application against the judgment and order within the stipulated period. It is stated that there is delay of 96 days in filing the application. It is submitted that the sentence awarded is three years imprisonment. Learned Advocate for the applicant submitted that, therefore, the delay may be condoned.

6.

Learned APP submitted that considering the nature of the order and the reasons stated in the application the Court may pass an appropriate order.

7.

In view of the fact stated in the application, the application is allowed.

8.

Delay of 96 days, caused in filing the revision application, stand condoned. The revision application be registered.

9.

The criminal application stands disposed of, accordingly.

(G. A. SANAP, J.) Namrata Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur