Shailendra S/O. Seuk Ram Sahu v. State Of Mah. Thr. Pso, Ps, Saoner, Tah. Nagpur, Dist. Nagpur And Another.

(1) 52.appa.1050.2023

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.1050 OF 2023 IN CRIMINAL APPEAL STAMP NO.7850 OF 2023 Shailendra s/o Seukram Sahu Vs.

State of Maharashtra, Through Police Station Officer, Police Station, Saoner, District Nagpur and another ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. N. Nandeshwar, Advocate for applicant. Mr. A. R. Chutke, APP for respondent No.1/State. Ms. Deepali Pranay Shahare, appointed Advocate for respondent No.2. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 12/01/2024 1.

The application is for condonation of delay which is caused in preferring the appeal challenging the order passed by the Special Court rejecting the application of the applicant for grant of bail under Section 439 of the Code of Criminal Procedure. As per contention of the learned Counsel for the applicant that the applicant being labour and due to the financial crises he could not approached to this Court to file appeal within time and delay of 66 days is for sufficient and reasonable cause, it be condoned.

2.

Learned APP opposed the application on the ground that the application is without sufficient reason and deserves to be rejected.

(2) 52.appa.1050.2023 3.

Learned Counsel appointed for respondent No.2 endorsed the same contention.

4.

On perusal of the application and considering the reason mentioned in the application, the applicant has properly explained the delay as due to the financial crises, he could not approached to his Court. It is well settled that while considering the delay application pedantic approach is not appreciated and the application is to be considered by taking liberal approach. In view that, the application deserves to be allowed. Accordingly, I proceed to pass following order.

ORDER

(i) The application is allowed.

(ii) Delay of 66 days is condoned.

(iii) Appeal be registered.

CRIMINAL APPEAL NO. OF 2024 Stand over to 24.01.2024.

(URMILA JOSHI-PHALKE, J.) Sarkate