Chintaman Kisan Khandare (In Jail) v. State Of Maharashtra, Through Pso Ps Pinjar, Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [APPA] No. 503 of 2015 IN Criminal Appeal No. of 2015 [Chintaman Kisan Khandare (in jail) Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. Archana Ramteke, Adv., [appointed] for the appellant. ----

CORAM

:

A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATE :

14th August, 2015.

This is an application for condonation of delay of nine years and 251 days in filing the appeal against the Judgment and Order of conviction and sentence dated 6th October, 2005 passed by learned Additional Sessions Judge, Akola, in Sessions Trial No. 21 of 2005.

Heard learned counsel for the rival parties.

Since the appellant has been in jail after his conviction for offence under Section 302, Indian Penal Code, and sentence of Rigorous Imprisonment for Life, issue notice.

Learned APP Mr. T.A. Mirza waives service.

In view of incarceration of the appellant, we think the reasons given in the application to condone the delay are sufficient. Hence we condone the delay as prayed for in the application in terms of its prayer clause.

----- Criminal Appeal :

Heard.

Admit. Call R & P.

In view of the fact that this Court is taking the jail appeals of the year 2013, and in view of the fact that the appellant was convicted on 6th October, 2005, and has been in jail, the appellant deserves to be given a precedence over all appeals. Hence office is directed to post this appeal for final hearing at Sr. No. 4 in the next week. Registrar [Judicial] to contact on telephone the concerned District Judge today and find out the status

about existence of R & P. If the R & P is destroyed, usual efforts to re-construct the record with the cooperation of the Prosecutor and the defence counsel and from any other source shall be made.

Judge Judge |hedau|