Baliram Chandulal Pawar v. The State Of Maharashtra Thr. Pso, Loni Dist. Amravati And Another

39appa922.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 922 OF 2024 I N CRIMINAL APPEAL STAMP NO. 7962 OF 2024 Baliram Chandulal Pawar Vs The State of Maharashtra and another. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Atharva Khadse, counsel h/f Mr. T.A. Agre, counsel for applicant/appellant. Mr. P.P. Pendke, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 26/09/ 4.

1.

By this application, the applicant is seeking condonation of delay on 21 days, which is caused in preferring the appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Atrocities Act), 1989 for grant of bail.

2.

The learned counsel for the applicant submitted that the applicant, who is the sole bread earner of the family, is behind bar and there is nobody in the house to arrange for his defence, and therefore, nobody can approach the counsel for preferring the appeal. Moreover, due to financial crises, they could not file the appeal, and therefore, delay is caused.

3.

Learned APP strongly opposed the said application on the ground that there is no just and sufficient reason for condonation of delay.

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39appa922.2024.odt 4.

However, considering the fact that the applicant is behind bars and there was nobody to look after his defence and therefore, he could not contact the concerned authorities, which appears to be a reasonable and sufficient one.

5.

In view of the reasons mentioned in the application, the delay of 21 days is hereby condoned.

6.

The appeal be registered.

7.

Learned Additional Public Prosecutor waives service of notice on behalf of respondent/State.

8.

Issue notice to the respondent No.2, returnable after two weeks.

[URMILA JOSHI-PHALKE, J.] rkn