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Bombay High CourtAPPA/1105/2023allowed

Dipak S/O Chindhuji Barekar v. The State Of Maharashtra Thr. Pso Ps Umrer Dist.Nagpur And Another.

2023-12-22Hon'Ble Justice Urmila Joshi Phalke2 pages

2023:BHC-NAG:17598 159 appa1105.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.1105/2023 IN CRIMINAL APPEAL ST.NO.8264/2023 Shri Dipak s/o Chindhuji Barekar ..vs..

State of Mah., thr.PSO PS Umrer, District Nagpur ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri A.Nagbhirey, Counsel for the Applicant.

Mrs.Smita Deshpande, Counsel Appointed for Complainant. Ms.S.Dhote, Addl.P.P. for the State.

CORAM : URMILA JOSHI-PHALKE, J.

DATE : 22/12/2023 1.

This is an application for condonation of delay in preferring an appeal against judgment and order dated 24.7.2023 passed by learned Extra Joint District Judge and Additional Sessions Judge, Nagpur in Special PCOSO Case No.286/2020 whereby the applicant came to be convicted. The delay is of 14 days.

2.

Learned counsel for the applicant submits that the applicant could not file the appeal due to financial crisis and, therefore, the delay caused.

3.

The application is opposed by learned counsel for non-applicants as the delay is not properly explained. 4.

For the reasons stated in the application, which .....2/-

159 appa1105.23 appear to be reasonable and satisfactory, the application is allowed. However, the same shall be subject to costs of Rs.2000/- to be paid to the victim.

5.

On depositing the costs, office to register the appeal.

The application stands disposed of.

(URMILA JOSHI-PHALKE, J.) !! BrWankhede !!

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