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Bombay High CourtAPPA/724/2016delay condonatedrejected

Rohit S/O. Sudesh Ramteke v. The State Of Maharashtra Thr. Assistant Commissioner Of Police, Police Station Ajni Nagpur

2016-11-18Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain2 pages

Order 1811appa724.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 724/2016 IN CRIMINAL APPEAL NO. /2016.

Rohit Sudesh Ramteke (In Jail) -VERSUSThe State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI AND S.B. SHUKRE, JJ.

DATE : NOVEMBER 18, 2016.

Heard Shri A.B. Moon, learned Counsel for the applicant and Shri J.Y. Ghurde, learned A.P.P. for non-applicant.

2.

By present application, applicant seeks condonation of delay of 90 days in filing Appeal under Section 374 of Criminal Procedure Code, challenging his conviction by Special Judge designated under M.C.O.C. Act and Additional Sessions Judge-5, Nagpur.

3.

Admittedly, the applicant is in jail. Hence request of learned A.P.P. to give him time to verify

Order 1811appa724.16 facts, is rejected. As we do not find any malafides, delay is condoned. Criminal Application is accordingly allowed. Office to register Criminal Appeal. .........

Criminal Appeal No. /2016.

Heard.

Admit. Call for R & P.

Shri J.Y.Ghurde, learned A.P.P. waives notice for respondent.

JUDGE JUDGE Rgd.