Omin Muka Kobasi v. State Of Mha. Thr. Pso Ps Rajura Tq.Rajura Dist.Chandrapur

1.appa.759.21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.759 of 2021 i n Criminal Appeal Stamp No.8597 of 2021 Shri Omin Muka Kobasi vs.

State of Maharashtra, through P.S.O. Rajura, District Chandrapur =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs. Shweta Wankhede, Advocate for the Applicant/Appellant. Mr. A.M. Kadukar, A.P.P. for the Non-Applicant/Respondent.

CORAM

: SURENDRA P. TAVADE, J.

DATE : 6 th JANUARY, .

This is an application for condonation of delay in preferring an appeal against the judgment and order, dated 05/04/2021 passed by the Additional Sessions Judge, Chandrapur in Special NDPS Case No.5/2018, whereby the applicant has been convicted for the offences punishable under Sections 20(b)(ii)(c) and 25 of the Narcotic Drugs & Psychotropic Substances Act.

02] It is contended that since the date of conviction , the applicant is in jail. He could not contact his family members as well as the learned Counsel for preferring an appeal against the impugned order.

03] Notice of this application was served upon the prosecution. The prosecution has objected to the application as there is a delay of 165 day and there is no sufficient cause to condone the delay.

1.appa.759.21 2/2 04] Heard the learned Counsel for the applicant and the learned A.P.P. for the State. Perused the application. The reasons mentioned in the application are sufficient to condone the delay. Hence, I pass the following order : O R D E R i. The application is allowed.

ii. Delay of 165 days in preferring the appeal against the impugned order is hereby condoned.

iii. The appeal be registered.

Criminal Appeal St. No.8597/2021 :

Heard.

Admit.

The learned A.P.P. waives service on behalf of the respondent/State.

Call record and proceedings from the trial Court. JUDGE *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge