Ganpat S/O Bhimaji Kolhe v. The State Of Maharashtra Thr. Pso, Purada, Ps, Purada, Tq. Dhanora, Dist. Gadchiroli

Order 0209appa698.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPA] NO. 698 /2024 IN CRIMINAL APPEAL ST.NO.5886/2024.

Ganpat Bhimaji Kolhe.

-VERSUSState of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri H.P. Lingayat, Advocate for the Applicant. Shri A.M. Joshi, A.P.P. for the Non-applicant. CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , JJ.

DATE : SEPTEMBER 02 , 2024.

Heard.

2.

The applicant/appellant has filed this appeal in terms of Section 21[5] of the National Investigation Agency Act, 2008 raising a challenge to the order dated 19.04.2022, by which his appeal was rejected. Along with this appeal, he has filed an application seeking condonation of delay of 296 days.

3.

The learned Counsel appearing for the applicant would submit that earlier the same order was challenged in Criminal Appeal No.498/2022, Rgd.

Order 0209appa698.24 however on the request of the appellant, the appeal was disposed of with a direction to the trial Court to decide the appeal within 6 months. According to the applicant, in view of said order he has waited for 6 moths and till date the trial has not been concluded.

4.

Essentially this is an appeal against the order of rejection of bail. Having regard to the above facts and as a question of right of freedom is involved, we are inclined to condone the delay. Criminal Application is accordingly allowed. Office to register the appeal.

...

Criminal Appeal No. /2024.

Heard.

2.

Since the trial is in progress. The status report from the trial Court be called.

3.

Issue notice to the respondent, returnable on 30.09.2024. Learned A.P.P. waives notice for the respondent.

JUDGE JUDGE Rgd.