Mohammad Bilal Shaha v. The State Of Mah. Thr. Pso, Panchpaoli Nagpur And Another.

60appa929.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C RIMINAL APPLICATION (APPA) NO. 929/2023 IN CRIMINAL APPEAL NO. /2023 Mohammad Bilal Shaha s/o Mohammad Abdulla V/s State of Maharashtra and another.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.S. Ullah, counsel for the applicant.

Mr. A.G. Mate, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 01/02/ 4.

1.

By this application, the applicant/appellant is seeking condonation of delay which is caused in preferring the appeal.

2.

Learned counsel for the applicant submitted that the applicant is suffering from Mouth Cancer, and there is nobody in the house to arrange for his defence therefore, he could not file the appeal within time.

3.

The application for grant of bail is rejected by the learned trial Court, however, he could not approach the counsel and file the appeal within time. There is a satisfactory and reasonable cause for condonation of delay. 4.

Learned APP strongly opposed the application on the ground that delay is not properly explained. Perused the application and the submission of both the sides. Considering the reasons mentioned in the application, the rkn

60appa929.2023.odt applicant is suffering from Mouth Cancer and there is nobody to look after him and the delay is properly explained.

5.

In view of the above, application is allowed. Delay is condoned.

CRIMINAL APPEAL NO. _____/2023 1.

Appeal be registered.

2.

On registration of the appeal notice be issued to respondent No.2.

3.

The Police Sub-Inspector, Police Station Panchpaoli, Nagpur, shall intimate the respondent No.2.

4.

Stand over after two weeks.

[URMILA JOSHI-PHALKE, J.] rkn