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Bombay High CourtAPPA/567/2015delay condonatedrejected

State Of Maharashtra, Through P.S.O., P.S. Akot File, Akola v. Sheikh Mehmood Sheikh Mehboob And Others

2016-02-16Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

appa567.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.567 OF 2015 IN CRIMINAL APPEAL NO................ OF 2015 State of Mah., thr Police Station Officer, Police Station Akot File, Akola, District Akola ..vs..

Sheikh Mehmood Sheikh Mehboob and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri V.P. Maldhure, Addl.P.P. for Appellant/State.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : FEBRUARY 16, 2016.

Heard.

The Government presses for condoning the delay of 65 days in filing the appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999. The respondents are served and they have also engaged Advocate. As nobody appeared for them when the matter was called out in first half, it was passed over. It has been called out again and nobody is appearing on their behalf.

Learned Addl.P.P. relied upon affidavit filed in support of the application. Perusal of affidavit shows that time is taken in complying with office procedure. But the file was on move and we do not see any laches .....2/-

appa567.15 or undue delay at any stage.

In this situation, as we do no see any mala fide, delay is condoned. Office to register the appeal.

JUDGE JUDGE !! BRW !!

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