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Bombay High CourtAPPA/1050/2022disposed off

Ajay S/O Dipak Bawne v. State Of Mah. Thr. Pso Ps Pulgaon Tah.Deoli And Dist.Wardha And Another

2023-02-20Hon'Ble Shri Justice Anil L. Pansare1 pages

1 APPA1050-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 1050/2022 IN CRIMINAL APPEAL STAMP NO. 9193/2022 (AJAY DIPAK BAWNE (IN JAIL) VERSUS THE STATE OF MAHARASHTRA, THR. PSO PS PULGAON, DISTRICT WARDHA & ANOTHER) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri R.D. Hajare, counsel (Appointed) for the applicant. Shri A.M. Kadukar, Additional Public Prosecutor for the non-applicant no.1. CORAM : ANIL L. PANSARE , J.

D ATE : FEBRUARY 20 , 202 3 .

By present application, the applicant-original accused is seeking condonation of delay of 134 days in filing appeal against the judgment and order dated 11.05.2022 passed by the Extra Joint Additional Sessions Judge (Special POCSO) Court, Wardha in Special (Ch.Act) Case No.48 of 2017. The learned counsel for the applicant submits that the delay has been caused because the applicant is suffering from financial crisis and because the applicant was in jail, he could not give appropriate instructions to his counsel. Though the learned Additional Public Prosecutor has opposed the application, in view of the submissions made by the learned counsel for the applicant and for the reasons set out in the application, the same is allowed. The delay in filing the appeal is condoned as prayed for. The appeal be registered. The criminal application is disposed of. CRIMINAL APPEAL STAMP NO. 9193/2022.

Heard. ADMIT. Call for Record & Proceedings. The Registry to process the appeal for final hearing as per Rules. (ANIL L. PANSARE, J.) APTE byROHIT DATTATRAYA APTE