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Bombay High CourtAPPA/961/2023allowed

Waman S/O Laxman Wankkhede v. Ashok S/O Kanhaiyalal Tak And Another

2024-07-08Hon'Ble Justice Urmila Joshi Phalke2 pages

63.appa.961.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.961 OF 2023 (Waman s/o Laxman Wankhede Vs. Ashok s/o Kanhaiyalal Tak and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. Atul Shriram Gadmade, Advocate (appointed) for the appellant. Mr. V. Sambre, Advocate h/f Mr.R.R. Vyas, Advocate for the respondents. CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JULY 8, 2024.

Heard.

2.

By this application, the appellant is seeking condonation of delay of 22 days which is caused in preferring the appeal against acquittal. It is submitted by the appellant that after receipt of the copy, he approached to the High Court Legal Aid Committee and applied for the legal assistance, and therefore, there is a delay in filing the appeal.

3.

Learned Counsel for the respondents strongly opposed the application on the ground that there is no sufficient and reasonable caused for condonation of delay. 4.

I have heard learned Counsel for both the parties and perused the application which reveals that the time was consumed in approaching the High Court Legal Aid Committee and thereafter seeking help, therefore, the reason mentioned in the application appears to be reasonable and satisfactory one. In view of that, the application deserves to be allowed.

63.appa.961.23.odt 5.

Hence, the application is allowed.

6.

The delay of 22 days is hereby condoned.

7.

The application for leave to file appeal be registered.

8.

On registration of the said application, notice be issued to the respondents.

9.

Mr. V. Sambre, learned Counsel waives notice for the respondents.

10.

After registration of the said application, the application be placed before the Court.

(URMILA JOSHI-PHALKE, J.) *Divya