Bombay High CourtAPPA/462/2015delay condonatedrejected

Shobha Trambak Chavan And Another (In Jail) v. State Of Maharashtra, Through P.S. Yeoda, Amravati

2015-09-11Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 1109appa462.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 462 OF 2015 IN CRI.APPEAL ST.NO.________/2015. Shobha Trambak Chavan and anr.

..vs..

The State of Mah. thr.P.S.Yeoda, Daryapur, Amravati. AND CRIMINAL APPEAL NO.177 OF 2015.

Motiram Maroti Makode ..vs.. The State of Mah. P.S.O.Yeoda, Daryapur. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.N.A.Badar, Adv. for the applicant in APPA No.462 of 2015.

Mr.R.D.Wakode, Adv. for the appellant in Criminal Appeal No.177 of 2015.

Mr.S.M.Ukey, APP for the State.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : SEPTEMBER 11, 2015.

Appellant Motiram Makode in Criminal Appeal No.177 of 2015 was accused no.3 while appellants Shobha Chavan and Nitin Chavan in Criminal Appeal St.No._______of 2015 were accused nos.1 and 2 in Sessions Trial No.79 of 2012, decided on 2nd of March, 2015. All these accused persons are in jail.

Criminal Application No.462 of 2015 is taken out by Shobha and Nitin for condoning delay of about 85 days in filing appeal under Section 374 of the Code of Criminal Procedure. In Criminal Appeal No.177 of 2015, there is delay of 11 days and learned counsel is seeking time to move appropriate application explaining that delay.

All accused persons are in jail.

In this situation, though learned Additional Public Prosecutor is opposing, we condone delay.

2 1109appa462.15.odt Registry to register respective Criminal Appeal. CRI. APPEALS NOS.177 OF 2015 AND CRIMINAL APPEAL ST.NO.________/2015. Heard.

Admit.

Learned Additional Public Prosecutor waives notice for the respondent.

JUDGE JUDGE Chute.