Suraj S/O Rajesh Wankhede v. The State Of Maharashtra Thr. Pso Ps Nandanwan Tq. And Dist.Nagpur

2024:BHC-NAG:3663 1 21-APPA-333-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 333 OF 2024 IN CRIMINAL APPEAL ST. NO. 2553 OF 2024 SURAJ S/O RAJESH WANKHEDE Vrs.

THE STATE OF MAHARASHTRA -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Yash Venkatraman, Advocate for applicant. Shri H. D. Dubey, APP for respondent-State.

CORAM: M. W. CHANDWANI, J.

DATE : 26/03/2024.

1.

Heard.

2.

By the present application, the applicant is seeking to condone the delay of 648 days in preferring the criminal appeal. The contention is that the applicant belongs to poor family. His father is no more. Since the date of Judgment, applicant is behind bar. Therefore, appeal could not be filed in time.

3.

Learned APP submitted that the suitable order be passed.

4.

Considering the submissions and reasons mentioned in the application coupled with the fact that the applicant has statutory right of appeal.

5.

The delay of 648 days in preferring the criminal appeal is hereby condoned.

6.

The application is allowed. The appeal be registered accordingly.

2 21-APPA-333-24.odt CRIMINAL APPEAL ST. NO. 2553 OF 2024 7.

Heard.

8.

Admit.

9.

Shri H. D. Dubey, learned APP waives notice for respondent-sole.

10.

Call for Record and Proceedings.

CRI.APPLICATION (APPA) ST. NO. 2555 OF 2024 11.

Learned APP seeks to time file reply.

12.

On his request, stand over two weeks.

[M. W. CHANDWANI, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 27/03/2024 15:39:54