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Bombay High CourtAPPA/1042/2023allowed

Bhagwata S/O. Indrapal Kewat v. The State Of Mah. Thr. Its Pso, Majri, Tah. Bhadrawati, Dist. Chandrapur And Another.

2023-10-04Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Valmiki Menezes2 pages

2023:BHC-NAG:14465 Order 0410appa1042.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPA] NO.

/20 .

Bhagwata Indrapal Kewat.

-VERSUSThe State of Maharashtra and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri S.G. Joshi, Advocate (Appointed) for the Applicant. Shri S.M. Ghodeswar, A.P.P. for Non-applicant No.1. CORAM : VINAY JOSHI AND VALMIKI SA MENEZES , J J.

DATE : OCTOBER 04 , 2023 .

Heard.

2.

This is an application seeking condonation of delay of 506 days caused in preferring appeal challenging order of conviction. The applicant has been convicted by the Trial Court for the offence punishable under Section 376 of the Indian Penal Code and sentence to suffer imprisonment for life along with fine. 3.

It is submitted that since the date of arrest till today the applicant is in jail, and therefore, he was not in a position to arrange to file appeal within time. Rgd.

Order 0410appa1042.23 4.

Having regard to said aspect, the delay stands condoned. Criminal Application is accordingly allowed and disposed of.

....

Criminal Appeal No. /2023.

Heard.

2.

Admit. Call for R & P.

Learned A.P.P. waives notice for respondent no.1.

JUDGE JUDGE Rgd.