Rashtrapal Rajaram Wankhade v. The State Of Maharashtra Thr. Pso Ps Khadan Akola Tah. And Dist.Akola
1 35-appa-359-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 359 OF 2024 Rashtrapal S/o. Rajaram Wankhede Vs.
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 S. G. Karmarkar, Advocate for applicant. Shri Aditya J. Gohokar, APP for non-applicant/State. CORAM :- M. W. CHANDWANI, J.
DATED :- 15.04.2024 Heard the learned counsel for the applicant as well the learned APP for the State.
2.
By the present application, the applicant is seeking condonation of delay of 1487 days in preferring the criminal appeal.
3.
The contention is that the applicant was taken into custody immediately after the judgment of conviction was pronounced. It is also contended that he engaged one Advocate, who had assured him that he will file appeal but, recently he came to know that no appeal came to be filed. Hence, he is intending to file the present appeal and submits that the delay caused is not an intentional one.
RR Jaiswal
2 35-appa-359-24.odt 4.
For the reason mentioned in the application, coupled with the fact that appeal is a statutory right, the application is allowed.
5.
The delay caused in preferring the appeal is hereby condoned. The appeal be registered.
CRIMINAL APPEAL (ST) NO. 2951 OF 2024 6.
Heard.
7.
Admit.
8.
The learned APP waives service of notice for the respondent/State.
9.
Call record and proceedings.
CRIMINAL APPLICATION (APPA) NO. 360 OF 2024 10.
The learned APP for the State seeks time to file reply.
11.
Stand over two weeks.
(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 15/04/2024 19:34:36 RR Jaiswal