← Library
Bombay High CourtAPPA/1096/2023allowed

Prakash Vasudeo Lingate v. Shrikant Ambadas Aamzare

2024-07-30Hon'Ble Justice Urmila Joshi Phalke2 pages

54appa1096.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 1096 OF 2023 I N CRIMINAL APPEAL STAMP NO. 8174 OF 2023 Prakash Vasudeo Lingate Vs Shrikant s/o Ambadas Aamzare Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. M.V. Rai, counsel for applicant/appellant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 30/07/ 4.

1.

By this application, the applicant is seeking condonation of delay of 119 days which is caused in preferring the appeal against the acquittal.

2.

Learned counsel for the applicant submitted that judgment and order of acquittal was passed on 21/03/2023, thereafter, the applicant applied for certified copy, and thereafter, he consented with his counsel, but he was not having the evidence of certified copy. Thereafter, he again applied for the same, and therefore, a delay of 119 days is caused in preferring the appeal.

3.

After due notice, the respondent fails to appear in the matter. Considering the reasons mentioned in the application, which appears to be just and reasonable one. The delay of 199 days is condoned, subject to the cost of Rs. 1000/- to be deposited with the Vidharbha Lady Lawyers Association, Nagpur, within one week.

rkn

54appa1096.2023.odt 4.

After payment of the costs, the application for leave to file appeal be registered and the notice be issued to the respondent, returnable after four weeks.

5.

Stand over after four weeks.

[URMILA JOSHI-PHALKE, J.] rkn