Adarsh @ Babu S/O Babulal v. The State Of Maharashtra Through Its Pso Ps Ram Nagar Gondia Dist Gondia And Another
29appa1115.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 1115 OF 2024 IN CRIMINAL APPEAL STAMP NO. 9382 OF 2024 ADARSH @ BABU S/O BABULAL VS THE STATE OF MAHARASHTRA AND ANOTHER Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. N.R. Tekade, counsel for the applicant/appellant. Mr. S.V. Narale, A.P.P. for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 22/11/2024.
1.
This is an application for condonation of delay. The appellant has challenged the order passed by the Special Court rejecting the bail application.
It is submitted by learned counsel that the applicants family members came to know about the said order of rejection, and they were under the impression that they were not having any other remedy, and therefore, they have not approached the counsel. The appellant is behind bars, and there is nobody to look after the matter, and therefore, a delay of 90 days is occurred.
3.
Learned APP strongly opposed the said application on the ground that there is no reasonable and justifiable reason for condoning the delay application.
4.
After hearing both sides and on perusal of the application, it reveals that delay is properly explained, and rkn
29appa1115.2024.odt there is sufficient and satisfactory ground for condonation of delay.
5.
In view of that, the application for condonation of delay is allowed. Delay of 90 days in filing the criminal appeal is condoned.
CRIMINAL APPEAL STAMP NO. 9382 /2024 1.
Appeal be registered.
2.
After registration of the appeal, notice be issued to respondent No. 2, returnable after two weeks. 3.
Learned APP waives service of notice on behalf of respondent/State.
4.
The Police Station Officer, Police Station Ram Nagar, Gondia, shall intimate the respondent No.2.
5.
Stand over after two weeks.
[URMILA JOSHI-PHALKE, J.] rkn