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Bombay High CourtAPPLN/85/2018

Shalan Sadashiv Shinde v. The State Of Maharashtra And ANR

2019-04-08Hon'Ble Smt. Justice S.S. Jadhav2 pages

Dusane 1/2 18 appln 85.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.85 OF 2018 Mrs. Shalan Sadashiv Shinde ....

Applicant Vs.

The State of Maharashtra & Ors.

....

Respondents Mr. Kailas S. Surve I/by Mr. Amit J. Sheth for the Applicant. Mr. Abhay A. Jadhavar I/by Mr. Sachin K. Hande for Respondent nos. 2 to 11, 13 and 14.

Mr. Rahul Shinde I/by Mr. Samadhan A. Kashid for Respondent no.1 Mr. Y.M. Nakhwa, APP for the State.

Coram : Smt. Sadhana S. Jadhav, J.

Date : 8th April 2019 P.C.

Heard the learned counsel for the applicant. The applicant herein challenging the judgment and order dated 30th November 2017 passed by the District Judge­3 and Additional Sessions Judge, Sangli. The learned counsel for the applicant submits that the Clerk of the Advocate had not filed V.P. in the new format and therefore the delay of two days caused in filing the Criminal

Dusane 2/2 18 appln 85.2018.doc Application. The advocate had to leave Mumbai for urgent work and Synopsis, List of dates and Events could not be submitted due to the fault of the Clerk. The advocate for the respondents submits that this would not amount to sufficient cause for condoning the delay. However, in the interest of justice, since the litigant should not suffer due to fault of the advocates, the delay deserves to be condoned, upon paying fine of Rs.200/­ to be deposited in this Court on/or before 22nd April 2019. The application is allowed. The delay is condoned. (Smt. Sadhana S. Jadhav, J.)