Ashish S/O. Gangadhar Lonare v. State Of Mah. Thr. Pso, Ps Imamwada, Dist. Nagpur And Another.

(1) appa1113.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.1113/2023 IN CRIMINAL APPEAL STAMP NO.7628/2023 Ashish Gangadhar Lonare (In jail) .vs. State of Maharashtra 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. M. Chandekar, Advocate for applicant.

Mrs. S. Kolhe, A.P.P. for non applicant-State. CORAM :

ANIL L. PANSARE, J.

DATE :

18.10.2023 Heard.

By the present application, the applicant is seeking to condone the delay of 416 days in filing appeal against judgment and order dated 20.05.2022, passed by learned Additional Sessions Judge, Nagpur in Special Case No.70/2017, thereby convicting the applicant for the offences punishable under Sections 363 of the Indian Penal Code, 1860 and Sections 4 and 6 of the Protection Of Children From Sexual Offences Act, 2012. The maximum sentence awarded to applicant is to undergo ten years rigorous imprisonment.

The learned counsel for the applicant submits that the applicant is in jail and has limitation to communicate with his relatives and advocate. It also took time to collect the documents.

In view of above and for the reasons set out in the application, the application is allowed. The delay is condoned. The appeal be registered.

The application is disposed of.

(2) appa1113.23 Criminal Appeal St. No.7628/2023 Heard.

Admit.

Call record and proceedings.

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

Registry to process the appeal accordingly.

C riminal Application (APPA) St. 7630/2023 Learned counsel for the applicant has not placed copies of depositions on record. He seeks time to place the same on record so also to serve a copy to the learned A.P.P.

Stand over to 30.10.2023.

(Anil L. Pansare, J.) Kahale