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Bombay High CourtIA/2932/2023disposed off

Kailas Mahalingappa Rajmanya v. State Of Maharashtra

2023-08-24Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

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13.ia-2932-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2932 OF 2023 IN CRIMINAL REVISION APPLICATION [ST.] NO.12858 OF 2023 Kailas Mahalingappa Rajmanya .....Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Ramdas Hake Patil, Advocate a/w. Sohel Mujawar, Atharva Nalavade for the Applicant.

Mr. Arfan Sait, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 24th AUGUST, 2023 P.C. :

1.

This is an application for condonation of 16 days' delay in preferring Criminal Revision Application. The Applicant was convicted by learned Chief Judicial Magistrate, Solapur in R.C.C. No.699/2013 vide his order dated 30.7.2014 under Sections 409, 467 and 471 of IPC. He was sentenced to suffer RI for five years. The sentence was enhanced in an appeal preferred by the State. The Applicant wants to challenge the order of conviction itself Deshmane(PS)

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13.ia-2932-23.odt and, therefore, Revision Application is filed. However, there is a delay of 16 days.

2.

Learned counsel for the Applicant submitted that after his appeal was dismissed by the Appellate Court, he was taken in custody and, therefore, he could not immediately contact his lawyer. Only after being released on bail on 2.3.2023, the Applicant could take steps in preferring the Criminal Revision Application.

3.

Considering these submissions, the delay of 16 days caused in filing Revision Application is condoned. The office is directed to process the Criminal Revision Application further. The office is further directed to tag this Criminal Revision Application with Criminal Revision Application No.60/2023 and place both these matters for admission on 13.9.2023.

4.

Interim Application is disposed of accordingly. (SARANG V. KOTWAL, J.)