Ajay S/O Sukhdas Kumbhare (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Deolapar, Nagpur

3011appa632.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPW) NO. 632 OF 2015 (Ajay s/o Sukhdas Kumbhare (in Jail) vs. State of Maharashtra thr. PSO, PS Deolapur, Tah - Ramtek, Dist. Nagpur) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

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

NOVEMBER 30, 2015.

Heard Shri Dhabe, learned counsel (appointed) for the applicant.

The applicant - a convict in jail, has filed appeal under Section 374(2) of the Criminal Procedure Code, assailing his conviction. It is delayed by four years and 166 days.

Shri Dhabe, learned counsel submits that as he is still in jail and question is of personal liberty, cause of action is continuous one.

Shri Ghurde, learned APP for the respondent disputes this. He seeks time to obtain instructions. However, as the appeal has been filed by the applicant through legal aid, in this situation, considering the fact that he is still in jail, we are inclined to condone delay. The office to register Criminal Appeal.

Criminal Appeal No._________ 2015.

Heard.

By a separate order passed today, delay is condoned.

3011appa632.15 Admit.

Hearing expedited.

Shri Ghurde, learned APP waives notice for the respondent.

Call for R. & P.

JUDGE JUDGE *GS.