Dhanraj S/O. Tanbaji Neware v. The State Of Mah. Thr. Pso, Ps Bhiwapur, Nagpur And Another.

(1) appa909.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.909/2023 (D) Dhanraj Tanbaji Neware (In Jail) .Vs. The State of Maharashtra through PSO P.s. Bhiwapur, Nagpur and anr.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. S. Band, Advocate for applicant.

Mr. A. R. Chutke, A.P.P. for non applicant no.1. CORAM :

ANIL L. PANSARE, J.

DATE : 24.08.2023 By the present application, the applicant - original accused is seeking to condone the delay of 234 days in filing the appeal against the judgment and order dated 31.10.2022 passed by the learned Sessions Judge in Sessions Trial No.270/2020. The applicant has been convicted for the offence punishable under Section 376 (2)(n) of the Indian Penal Code, 1860 and was sentenced to suffer rigorous imprisonment for 10 years. Learned counsel for the applicant submits that the applicant is in jail and, therefore, has restrictions on movement. He could not collect the documents in time nor could he engage an advocate in time.

This being the position and for the reasons set out in the application, the application is allowed as prayed for. The appeal be registered and processed, in accordance with rules.

The application is disposed of.

(2) appa909.23 Criminal Appeal Stamp No. 6977/2023 Heard.

Issue notice to the respondents, returnable on 07.09.2023.

Learned A.P.P. waives service of notice for respondent no.1-State.

Criminal Application (APPA) St. No.6979/2023 Heard.

Issue notice to the non applicants, returnable on 07.09.2023.

Learned A.P.P. waives service of notice for non applicant no.1-State.

(Anil L. Pansare, J.) Kahale