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Bombay High CourtAPPA/563/2024allowed

Vitthal Ramaji Kamathe v. The State Of Maharashtra Thr. Ps Tiosa, Tq Tiosa Dist. Amravati

2024-07-03Hon'Ble Shri Justice G. A. Sanap2 pages

2024:BHC-NAG:6943 -1- 10.APPA.563.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C RIMINAL APPLICATION (APPA) NO. 563 OF 2024 IN CRIMINAL APPEAL (ST.) NO. 4807 OF 2024 Vitthal Ramaji Kamathe Vs.

State of Maharashtra, through P.S. Tiosa, Amravati ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. P.K. Dahat, Advocate (Appointed) for the Applicant. Ms. Kavita H. Bhondge, APP for the Non-applicant. CORAM : G. A. SANAP, J.

DATED : 3 rd JULY, 2024.

.

Heard learned advocate for the applicant.

2.

Issue notice to the non-applicant.

3.

Learned APP waives service of notice on behalf of the non-applicant.

4.

It is stated that, on account of the reasons stated in the application, there has been a delay of 114 days in filing the appeal. The applicant has been lodged in person after his conviction and sentence. He could not arrange his own lawyer, and therefore, on his request, received through the Jailer, the High Court Legal Services Sub Committee, Nagpur, has provided the lawyer to him.

5.

In the facts and circumstances, I am satisfied with the reasons stated in the application. Accordingly, the application is allowed.

-2- 10.APPA.563.2024.odt 6.

Delay of 114 days caused in filing the appeal against the conviction and sentence, is condoned.

7.

The appeal be registered.

8.

The application stands disposed of accordingly. CRIMINAL APPEAL (ST.) NO. 4807 OF 2024 9.

Heard.

10.

ADMIT.

11.

Issue notice to the respondent.

12.

Learned APP waives service of notice on behalf of the respondent.

13.

Call for record and proceedings.

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 04/07/2024 12:29:22