Mangesh S/O Mahadeo Chavan v. State Of Mah. Thr. Pso City Ps Akot Dist.Akola

5 appa59.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.5 OF 2022 IN CRIMINAL APPEAL STAMP NO.8492 OF Mangesh s/o Mahadeo Chavhan Vs. The State of Maharashtra _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Vijaykumar Paliwal, Advocate for applicant. Shri T.A. Mirza, APP for non-applicant.

CORAM : V.M. DESHPANDE AND AMIT BORKAR, JJ.

DATE : 25 th MARCH, 2022.

This is an application for condonation of delay in preferring the appeal.

2.

Though this application is coming for the first time, this application can be decided and disposed of today itself.

3.

The applicant is convicted by the learned Special Judge, Akot District Akola dated 09.08.2021 in Criminal Special No.251 of 2017 for the offence under Section 363, 376(2)(j) of the Indian Penal Code and under Sections 3(A) with 4, 5(j-ii) (1)(n) with Section 6. He sentenced to suffer 10 years rigorous imprisonment with fine of 10,000/- with ₹ default clause. The applicant is in jail.

4.

Shri Paliwal, learned counsel for the applicant

5 appa59.22.odt submitted that the delay is of 66 days.

5.

Looking to the fact that the applicant is in jail that cannot be in impediment to allow this application by condoning the delay.

6.

Learned Additional Public Prosecutor Shri T.A. Mirza also fairly consented for the same.

7.

Hence, we pass following order:

ORDER

The application is allowed. Delay of 66 days is condoned. Appeal be registered.

CRIMINAL APPEAL NO. _________ OF 2022 8.

Heard learned counsel for the appellant.

9.

Admit.

10.

Shri T.A. Mirza, learned Additional Public Prosecutor waives service of notice for respondent. JUDGE JUDGE Wagh Signed By:SURESH RAOSAHEB WAGH Personal Assistant to the Hon'ble Judge