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Bombay High CourtIA/335/2021delay condonatedrejected

Pramila Tanaji Jadhav v. The State Of Maharashtra And ANR.

2021-04-22Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice Manish Pitale2 pages

1/2 19-IA-335-2021 IN Apealst-2192-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 335 OF 2021 IN CRIMINAL APPEAL STAMP NO. 2192 OF 2021 Pramila Tanaji Jadhav ...Applicant/Appellant

Versus

The State of Maharashtra & Anr.

...Respondents

...

Mr. Kedar J Patil for applicant/appellant.

Mr. Karansingh Rajput, appointed as amicus curiae. Mr. J P Yagnik, APP for State.

...

CORAM : S. S. SHINDE & MANISH PITALE, JJ.

DATE : 22nd APRIL, 2021.

P.C.:

1.

This application is filed for condonation of delay in fling the appeal. Learned counsel appearing for the applicant invites attention of this Court to the averments in the application and submits that, sufficient cause has been disclosed for delay in filing the appeal, therefore, application for condonation of delay deserves to be allowed.

2.

On the other hand, Mr. Rajput, learned counsel appointed to represent the 2nd respondent submits that, no sufficient cause has been disclosed in the application for delay in Bhagyawant Punde

2/2 19-IA-335-2021 IN Apealst-2192-2021.doc filing the appeal. There is inordinate delay in filing the appeal, therefore, application for condonation of delay may be rejected. 3.

Learned APP appearing for Respondent-State joined the prayer of Mr. Rajput, learned counsel appointed to represent the 2nd respondent.

4.

Upon appreciating the rival contentions and perusal of averments in the application, and keeping in view the fact that by causing delay in filing the appeal, the appellant i.e. the present applicant has not gained any undue advantage and on the contrary he remained in jail, therefore, delay in filing the appeal deserves to be condoned. Accordingly, the application for condonation of delay is allowed. Delay in filing the appeal stands condoned. The application stands disposed of accordingly.

5.

List the appeal on 9th June, 2021.

( MANISH PITALE, J.) (S. S. SHINDE, J.) Bhagyawant Punde