Shailesh Natthuji Chikate v. State Of Mha. Thr. Pso Ps Warora Tq.Warora Dist.Chandrapur

5 appa682.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.682 OF 2021 IN CRIMINAL APPEAL NO. OF 2021 Shailesh Natthuji Chikate Vs.

State of Maharashtra through PSO, PS, Warora, Dist. Chandrapur _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Smt. Gauri Venkatraman, Advocate for applicant. Shri M.J. Khan, APP for non-applicant/State.

CORAM :

M.S. SONAK & PUSHPA V. GANEDIWALA, JJ.

DATE : 2 nd DECEMBER, 2021.

Heard Smt. Gauri Venkatraman, learned counsel for the applicant and Shri M.J. Khan, learned Additional Public Prosecutor for non-applicant/State.

2.

There is delay of 137 days caused in filing the appeal against the judgment and order dated 12.05.2021 convicting the applicant under Section 302 of the Indian Penal Code.

3.

We have perused the reasons set out in the application and we have satisfied sufficient cause has been made out to condone the delay. Even otherwise, the applicant is in custody and the issue of his liberty is involved. On cumulative consideration of such circumstances, we condone the delay caused in preferring the appeal. Office to register the Criminal Appeal.

5 appa682.21.odt 4.

The application stands disposed of. There shall be no order as to costs.

CRIMINAL APPEAL NO.________ OF 2021 5.

Heard.

6.

Appeal is now Admitted.

7.

Shri M.J. Khan, learned Additional Public Prosecutor waives service on merit on behalf of sole respondent/State.

8.

Call for record and proceedings.

9.

The application for suspension of jail sentence will be considered separately once registration formalities are completed.

(Pushpa V. Ganediwala, J.) (M.S. Sonak, J.) Wagh RAOSAHEB WAGH 10:18