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Bombay High CourtAPPA/976/2018allowed

Pramila W/O. Balwant Kapile And 3 Othr. v. The State Of Maharashtra Thr. Station House Officer,Wadgaon Road P.S.,

2019-02-04Hon'Ble Shri Justice V.M. Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.976/2018 IN CRIMINAL APPEAL NO........./2019 Sau.Pramila w/o Balwant Kapile and ors ..vs..

The State of Mah., thr. Station House Officer, Wadgaon Road P.S.,Yavatmal and anr ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri M.P.Kariya, Counsel for the applicants.

Shri R.R.Gour, Counsel for non-applicant No.2. Shri S.M.Ghodeswar, Addl.P.P. for non-applicant No.1/State.

CORAM

: V.M. DESHPANDE, J.

DATED : FEBRUARY 4, 2019.

1.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay in preferring an appeal under Section 14(A)(3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Delay is of 8 days.

2.

Heard learned counsel Shri M.P.Kariya for the applicants.

3.

Learned counsel Shri R.R.Gour appears for nonapplicant No.2 and strongly opposes the present application. 4.

Also, learned Additional Public Prosecutor Shri S.M.Ghodewar for non-applicant No.1/State opposes the present applicant.

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appa976.18 8 5.

However, after hearing learned counsel Shri M.P.Kariya for the applicants and perusal of the application as well as reply, I am of the view that the applicants have made out a case for condonation of delay.

6.

Hence, the criminal application is allowed. The delay is condoned condoned. Office is directed to register the criminal appeal.

7.

The criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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