Bombay High CourtAPPA/977/2018allowed

The State Of Maharashtra Thr. P.S.O., P.S. Yavatmal City v. Sheikh Alim @ Kavtya Sheikh Alim

2019-07-31Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

4APPA977.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 977 OF 2018 IN CRIMINAL APPEAL NO............. OF 2019.

(State of Maharashtra, thr. PSO, PS Yavatmal City, Yavatmal, Tq. & District Yavatmal Vs. Shaikh Alim @ Kavtya Sheikh Kalim, Yavatmal & Ors.) WITH CRIMINAL APPEAL NO. 481 OF 2019.

(Gangadhar S/o. Rudradhar Mishra, Yavatmal Vs. Sheikh Alim @ Kavtya S/o. Sheikh Kalim, Yavatmal & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri M.K.Pathan, APP for applicant in Cri.Appli.977/2018 and for resp.no.4 in Cri.Appeal no. 481/2019.

Shri A.K.Choube, Advocate for appellant in Cri.Appeal No.481/2019.

Shri M.N.Ali, Advocate for respondent no.1.

Shri Tejas Deshpande, Advocate for respondent no.3. CORAM : P.N. DESHMUKH AND PUSHPA V. GANEDIWALA, JJ.

JULY 31, 2019.

None for respondent no.2, though served.

This application is for condonation of 51 days delay caused in preferring the appeal against the judgment and order dated 26/04/2018 passed by the learned Sessions Judge, Yavatmal in Sessions Trial no. 88 of 2016 thereby acquitting the respondents for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code

4APPA977.18 and Section 4/25 of the Arms Act.

For the grounds mentioned in paragraph nos. 2 and 4 of the application, delay caused is found satisfactorily explained.

Considering the said aspect and subject matter in appeal, delay of 51 days caused in preferring the appeal is condoned.

Civil Application is disposed of as allowed.

CRIMINAL APPEAL NO............ of 2019.

As connected Criminal Appeal no. 481 of 2019 filed by victim under Section 372 of the Code of Criminal Procedure is admitted, leave allowed. Admit.

Issue notice to respondent nos. 1 to 3, returnable on adjourned date.

Shri M.N.Ali, learned Advocate waives notice for respondent no.1 and Shri Tejas Deshpande, learned Advocate waives notice for respondent no.3. Call record and proceedings.

S.O. to 03/09/2019.

JUDGE JUDGE Sumit.